AN ORDINANCE ADOPTING TITLE 11, SUBDIVISIONS, OF THE YAMHILL MUNICIPAL CODE; ADOPTING RULES AND REGULATIONS PERTAINING TO SUBDIVISIONS WITHIN THE CITY OF YAMHILL, SUPERSEDING PREVIOUS ORDINANCES, AND DECLARING AN EMERGENCY.

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. There is hereby added to the Yamhill Municipal Code, Title 11, Subdivisions, as follows:

Chapters:

11.04 General Information

11.08 Subdivision, Preliminary Plat, Partition Plan

11.12 Subdivision & Partition - Final Plat

11.16 Approval of Streets and Ways

11.20 Design Standards

11.24 Improvements

11.28 Exceptions, Variances, and Enforcement

Sections:

11.04.010 Purpose

11.04.020 Definitions

11.04.030 Scope of Regulations

11.04.040 Fees

11.04.050 Planned Development

11.04.010 Purpose. The purpose of this Title is to establish standards and procedures for the partitioning of land in the City. These regulations are necessary to provide uniform procedures and standards for the subdivision of land, to assure adequate width and arrangements of streets, to coordinate proposed development with plans for utilities and other public facilities, to avoid undue congestion of population, to assure adequate sanitation and water supply to provide for the protection conservation, and proper use of land, and to protect in other ways the public health, safety, and welfare. (Ord. 404, §1, 1994)

11.04.020 Definitions. As used in this Title, unless it is apparent from the context that different meanings are intended, the words and phrases below shall have the following meaning.

"Abut". To border on a given line, e.g., a given street right-of-way.

"Applicant". Any person who makes application to the Commission for approval of a subdivision or partition plan.

"Building Lines". The lines indicated on the subdivision plat or otherwise described, limiting the area upon which structures may be erected.

"City". The City of Yamhill, Oregon.

"Comprehensive Plan". A Plan adopted by Ordinance No. 350 as a guide in the growth and improvement of the City, including modifications or refinements which may be made from time to time.

"Dwelling Unit". Dwelling Unit means one or more rooms designed for occupancy by one family.

"Easements". A grant of the right to use a strip of land for specific purposes.

"Family". Family means an individual or two or more persons related by blood, marriage, adoption, or legal guardianship, living together as one housekeeping unit, and providing means or lodging to not more than two additional persons, excluding servants; or a group of not more than five unrelated persons, excluding servants, living together as one housekeeping unit.

"Lot". A unit of land that is created by a subdivision of land or tract of land having a frontage upon a street occupied or to be occupied, by a building or unit group of buildings and its accessory buildings, together with such yards or open spaces as required by this Chapter.

"Corner Lot". A lot at least two adjacent sides of which abuts streets other than alleys, provided the angle on intersection of the adjacent streets does not exceed 135 degrees.

"Through lot". A lot having frontage on two parallel streets other than alleys.

"Owner". The owner of record of real property as shown on the latest tax rolls of Yamhill County or by the deed records of said county or a person who is purchasing a parcel of the property under contract.

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

"Partitioning". The division of an area or tract of land into two or three parcels within a calendar year and when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. "Partitioning Land" does not include division of land resulting from lien, foreclosure; divisions of land resulting from the creation of cemetery lots; and divisions of land made pursuant to a court order, including but not limited to court orders in proceedings involving testate or intestate successions; and "partition land" does not include any adjustment of a lot line by the relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by any applicable zoning requirement.

"Partitioning plat". Includes a final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a partition.

"Pedestrian Way". A right-of-way for pedestrian traffic.

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

"Planning Commission". The Planning Commission of the City of Yamhill.

"Plat". The final map, diagram, drawing, replat, and other writing containing the description, location, specifications, dedications, provisions and other information concerning a subdivision, replat, or partition plat.

"Property line". The division line between two units of land.

"Property line adjustment". The relocation of a common property line between two abutting properties.

"Replat". The 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.

"Right-of-way". The area between boundary lines of a street or dedicated easement.

"Roadway". The portion or portions of a street right-of-way developed for vehicle traffic.

"Sidewalk". A pedestrian walkway with permanent surfacing.

"Street". The entire width between the boundary lines of a public way provided for vehicular and pedestrian traffic, and the placement of utilities and including "road", "highway", lane","place", "avenue", alley", or similar designations.

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

"Arterial". A street of considerable continuity which is primarily for intercommunication among large areas.

"Collector". 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.

"Cul-de-sac". (Dead-end street). A short street with one end open to traffic and the other terminated by a vehicle turn-around.

"Half street". 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.

"Marginal access street". A minor street parallel and adjacent to a major arterial street providing access to abutting properties, but protected from through traffic.

"Minor street". A street intended primarily for access to abutting properties.

"Subdivide Land". To divide land into four or more lots within a calendar year.

"Subdivision". Either an act of subdividing land of an area or a tract of land subdivided.

"Subdivision Plat". Includes a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision. (Ord. 404, §2, 1994)

11.04.030 Scope of Regulations. Subdivision plats, partition plats, street or ways created for the purpose of subdividing or partitioning land shall be approved by the Planning Commission in accordance with these regulations. A person desiring to subdivide land, or partition land or to sell any portion not the whole of a lot or parcel of land shall submit preliminary plans and final documents for approval as provided in this Title and state law. (Ord. 404, §3, 1994)

11.04.040 Fees.

(A) A fee shall be charged for the review of the Tentative Plan by the City as required by this Chapter. Said fee shall be prescribed by Resolution.

(B) In all Applications concerning a Partition, a fee shall be charged for a review and investigation of the proposed Partition. Said fee shall be prescribed by Resolution.

(C) The above referenced fees shall be in addition to any fees and/or charges which may be levied and/or required in accordance with State Law. (Ord. 404, §4, 1994)

11.04.050 Planned Development. The subdivision of the land in accordance with the planned development section of the Yamhill Municipal Code Title 10, may result in the terms and requirements of this Title being waived, altered, or otherwise changed as determined by action of the Planning Commission and approval of the Common Council. (Ord. 404, §5, 1994)

Sections:

11.08.010 Submission of Preliminary Plat

11.08.020 Scale

11.08.030 General Information

11.08.040 Existing Conditions

11.08.050 Proposed Plan of Sub-Division

11.08.060 Partial Development

11.08.070 Explanatory Information with Preliminary Plat

11.08.080 Supplemental Plans With Preliminary Plat

11.08.090 Preliminary Review of Proposal

11.08.100 Tentative Approval of Preliminary Plat

11.08.110 Submission of Partition Plan

11.08.010 Submission of Preliminary Plat. A Subdivider shall prepare a Preliminary Plat together with improvement plans and other supplementary material required to indicate the general program and objectives, and shall submit 15 copies of the Preliminary Plat and supplementary data to the City Recorder's office at lease 21 days prior to the Planning Commission's meeting at which consideration of the plat is desired. The Preliminary Plat shall show pertinent information to scale in order that the Planning Commission may properly review the proposed development. (Ord. 404, §6, 1994)

11.08.020 Scale. The Preliminary Plat shall be drawn on a sheet 18 by 24 inches in size or a multiple thereof at a scale of one inch equals 100 feet. (Ord. 404, §7, 1994)

11.08.030 General Information. The following general information shall be shown on the Preliminary Plat:

(A) Proposed name of the subdivision. This name shall not duplicate nor resemble the name of another subdivision in Yamhill County and shall be approved by the Planning Commission.

(B) Date, northpoint, and scale of drawing.

(C) Appropriate identification clearly stating the map is the Preliminary Plat.

(D) Location of the subdivision sufficient to define the location and boundaries of the proposed tract.

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

(F) In the event the subdivider plans to utilize the provisions of ORS 92.070 as pertains to "post monumentation," he shall notify the City Engineer and Planning Commission and report said fact on the tentative plan.

(G) 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 and all encumbrances, covenants, and other restrictions pertaining to the subject property. (Ord. 404, §8, 1994)

11.08.040 Existing Conditions. The following existing conditions shall be shown on the Preliminary Plat:

(A) Location, widths, and names of both opened and unopened street within or adjacent to the tract, together with easements and other important features, such as section lines, city boundary lines, and monuments.

(B) The direction of slope by means of arrows or other suitable symbol.

(C) The location of at least one temporary bench mark within the plat boundaries.

(D) The location and direction of water courses, and the location of areas subject to floodings on a probability frequency of 10 percent or greater.

(E) natural features such as rock outcroppings, marshes, wooded areas, isolated preservable trees, and wetland boundaries.

(F) Existing uses of the property, including location of existing structures to remain on the property after platting. (Ord. 404, §9, 1994)

11.08.050 Proposed Plan of Subdivision. The following information shall be included on the Preliminary Plat:

(A) The location, width, names, approximate grades, and radii of curves of streets. The relationship of streets to any projected streets suggested by the Planning Commission in order to assure adequate traffic circulation.

(B) The location, width, and purpose of easements.

(C) The location and approximate dimensions of lots and the proposed numbers.

(D) Sites, if any, allocated for purposes other than single-family dwellings. (Ord. 404, §10, 1994)

11.08.060 Partial Development. If the Subdivision Plat pertains to only part of the tract owned or controlled by the subdivider, the Planning Commission may require a sketch of a tentative layout for streets in the unsubdivided portion. (Ord. 404, §11, 1994)

11.08.070 Explanatory Information with Preliminary Plat. The following information shall be required by the Planning Commission and, if it cannot be shown practically on the Preliminary Plat, it shall be submitted in separate statements accompanying the Preliminary Plat.

(A) A vicinity map, showing existing subdivisions and unsubdivided land ownerships adjacent to the proposed .subdivision, and showing how proposed streets and utilities may be extended to connect to existing streets and utilities.

(B) Proposed deed restriction, or covenants, if any.

(C) The location within the subdivision and in the adjoining streets and property of existing sewers, water mains, culverts, drain pipes, and electric lines and elevations of sewers and storm drains at points of probable connections.

(D) Contour lines related to some established bench mark or other datum approved by the City Engineer and having minimum intervals as follows

(1) For slopes of less than 5 percent: show the direction of slope by means of arrows or other suitable symbol together with not less than four spot elevations per acre, evenly distributed.

(2) For slopes of 5 percent to 15 percent: five feet contour intervals.

(3) For slopes of 15 percent to 20 percent: ten feet contour intervals.

(4) For slopes of over 20 percent: 20 feet contour intervals. (Ord. 404, §12, 1994)

11.08.080 Supplemental Plans with Preliminary Plat. Any of the following plans may be required by the Planning Commission to supplement the plan of subdividing:

(A) Approximate center line profiles with extensions for a reasonable distance beyond the limits of the proposed subdivision showing the finished grade of streets and the nature and extent of street construction. Where any cut or fill will exceed three feet in depth, cross sections of the road shall also be submitted.

(B) Proposals for storm water drainage and flood control, including profiles of proposed drainage ways.

(C) If lot areas are to be graded, a plan showing the nature of cuts and fills exceeding five feet, and information on the character of the soil.

(D) Special studies of areas which appear to be hazardous due to local conditions such as inundation or slippage. (Ord. 404, §13, 1994)

11.08.090 Preliminary Review of Proposal. Upon receipt, the City Recorder shall distribute copies to appropriate officials and agencies designated by the city. These officials and agencies shall be given a reasonable time to review the plat and to suggest any revisions that appear to be indicted in the public interest. (Ord. 404, §14, 1994)

11.08.100 Tentative Approval of Preliminary Plat.

(A) Within 40 days from the first regular Planning Commission meeting following the submission of the proposed plat, the Planning Commission shall review the plan of the plat and the reports of appropriate officials and agencies. The Planning Commission may approve the Preliminary Plat as submitted or as it may be modified. If the Planning Commission does not approve the plat, it shall express it disapproval and its reasons therefore.

(B) If desired by the Commission, the members may hold a public hearing on the plan, after giving reasonable notice of the hearing.

(C) Any preliminary approval of a plan by the Commission shall be subject to approval by the Public Works Superintendent and the City Engineer.

(D) No plan or map shall be approved unless it complies with the provisions of ORS 92.090 as amended, and unless approval or reasonable opportunity therefore, has been given by all affected city, county, state and federal agencies and all affected special districts.

(E) Approval of the Preliminary Plat shall indicate approval of the Final Plat if there is no change in the plan of the subdivision and if the subdivider complies with the requirements of this Title.

(F) The action of the Planning Commission shall be noted on two copies of the Preliminary Plat, including reference to any attached documents describing conditions. One copy shall be returned to the subdivider, and the other shall be retained by the Planning Commission. (Ord. 404, §15, 1994)

11.08.110 Submission of Partition Plan. Land partitioning other than subdivision, or the creation of a street or way shall be known as partitioning and shall be approved under the following procedure:

(A) There shall be submitted to the City Recorder 15 copies of a Partition Plan 8½ x 11 inches or multiple thereof in size with the following information:

(1) The date, northpoint, scale and sufficient description to define the location and boundaries of the parcel to be partitioned.

(2) Name and address of the record owner or owners and of the person who prepared the Partition Plan.

(3) Approximate acreage of the parcel under a single ownership or, if more than one ownership is involved, the total contiguous acreage of all owners of land directly involved in the partitioning.

(4) For land adjacent to and within the parcel to be partitioned show locations, names and existing widths of all streets and easements of way; location, width and purpose of all other existing easements; and location and size of sewer and water lines; and drainage ways.

(5) Outline and location of existing buildings to remain in place.

(6) Parcel lay-out showing size and relationship to existing or proposed streets and utility easements.

(7) Such additional information as required by Planning Commission procedures.

(a) The Partition Map shall be submitted to Planning Commission at a Public Hearing for review and determination at a public hearing that the proposal will be compatible with the Comprehensive Plan. The Planning Commission may require after the Public Hearing such dedication of land and easements and may specify such conditions or modifications in the sketch plan as are deemed necessary to carry out the Comprehensive Plan. In no event, however, shall the Planning Commission after the Public Hearing require greater dedications or conditions than could be required if the entire parcel were subdivided.

(B) Approval of the partition plan. Approval of the Partition Plan shall indicate approval of Partition Plat if there is no change in the Plan and if the Partitioner complies with the requirements of this Title and applicable Oregon Revised Statutes.

(C) Disposition of approved Partition Plan. When a Partition Plan has been approved all copies shall be marked with the date and conditions, if any, of approval. One copy shall be returned to the applicant and one copy shall be retained in The Planning Commission files.

(D) Large parcels may require subdivision. If the parcel of land to be partitioned exceeds five acres and is being partitioned into more than two parcels within a year any one of which is less than one acre, full compliance with all requirements for subdivision may be required if the Planning Commission should determine, in its judgment that the entire parcel being partitioned is in the process of being divided into small parcels. (Ord. 404, §16, 1994)

Sections:

11.12.010 Submission of Final Plat

11.12.020 Information on Final Plat

11.12.030 Supplementary Information with Final Plat

11.12.040 Technical Review

11.12.050 Agreement for Improvement

11.12.060 Bond

11.12.070 Approval of Final Plat

11.12.080 Filing of Final Plat

11.12.010 Submission of Final Plat. Within 12 months after approval of the Preliminary Plat/Partition Plan, the subdivider/partitioner shall prepare a Final Plat in conformance with the Preliminary Plat, as approved. The subdivider/partitioner shall submit the original drawing and such copies as required by Oregon Revised Statutes 92.120, and three prints of the Final Plat and any supplementary information to the City Recorder. If the subdivider/partitioner wishes to proceed with the Subdivision/Partition after the expiration of the 12-month period following approval of the Preliminary Plat/Partition Plan by the Planning Commission, he must resubmit his Preliminary Plat/Partition Plan to the Planning Commission and make any revisions considered necessary to meet changed conditions.

If desired by the subdivider, the Final Plat for a Subdivision may contain only a portion of the approved Preliminary Plat. If such portion of the Preliminary Plat is filed and recorded within the time provided, approval of the remaining portion of the Preliminary Plat shall remain effective for an additional two years unless extended by the Planning Commission. If any portion of the approved, Preliminary Plat is not covered by a recorded Final Plat within the specific period, the preliminary approval for the unplatted area shall be deemed null and void. (Ord. 404, §17, 1994)

11.12.020 Information on Final Plat. In addition to that otherwise specified by law, the following information shall be shown on the Final Plat:

(A) The date, scale, northpoint, legend, controlling topography such as bluffs, creeks, and other bodies of water, and existing cultural features such as highways and railroads.

(B) Legal description of the tract boundaries.

(C) Name of the owner, subdivider/partitioner, and engineer, or surveyor.

(D) Reference points of existing surveys identified related to the plat by distances and bearings, and referenced to a field book or map as follows:

(1) Stakes, monuments, or other evidence found on the ground and used to determine the boundaries of the subdivision/partition.

(2) Adjoining corners of adjoining subdivisions/partitions.

(3) City boundary lines when crossing or adjacent to the subdivision/partition.

(4) Other monuments found or established in making the survey of the subdivision/partition or required to be installed by provisions of this Title.

(E) The exact location and width of streets and easements intercepting the boundary of the tract.

(F) Tract, block, and lot boundary lines, as applicable, and street right-of-way and center lines, with dimensions bearings or deflection angles, radii, arcs points of curvature, and tangent bearings. Flood plain and normal high water lines for any creek, or other body of water. Tract boundaries and street bearings shall be shown to the nearest 30 seconds with basis of bearings. Distances shall be shown to the nearest 0.01 feet. No ditto marks shall be used.

(G) The width of the portion of streets being dedicated and the width of existing right-of-way. For streets on curvature, curve data shall be based on the street center line. In addition to the center line dimensions, the radius and central angle shall be indicated.

(H) Easements denoted by fine dotted lines, clearly identified and, if already of record, their recorded reference. If an easement is not definitely located of record, a statement of the easement shall be given The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the subdivision/partition shall be shown. if the easement is being dedicated by the map, it shall be properly referenced in the owner's Certificates of Dedication.

(I) The area of each lot/parcel which is larger than one acre, to the nearest hundredth of an acre.

(J) For subdivisions, lot numbers beginning with the number "1" and continuing consecutively without omission or duplication throughout the subdivision. The numbers shall be solid, of sufficient size and thickness to stand out and so placed as not to obliterate any figure. Lot numbers in an addition to a subdivision of the same name shall be a continuation of the numbering in the original subdivision.

(K) Identification of land parcels to be dedicated for any purpose, public or private, so as to be distinguishable from lots/parcels intended for sale.

(L) 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, consenting to the preparation and recording of the plat.

(2) A certificate signed and acknowledged as above, dedicating all lots/parcels of land shown on the final map intended for public use except those lots/parcels which are intended for the exclusive use of the lot owners in a subdivision, their licensees, visitors, tenants, and servants.

(3) A certificate with the seal of and signed by the engineer or the surveyor responsible for the survey and final map.

(4) A statement of water rights noted on the plat together with the water rights certificate number, if applicable.

(5) Other certifications now or hereafter required by law. (Ord. 404, §18, 1994)

11.12.030 Supplementary Information with the 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) Sheets and drawing showing the following:

(1) Traverse data including the coordinates of the boundary of the subdivision and ties to section corners and donation land claim corners, and showing the error of closure, if any.

(2) The computation of all distances, angles, and courses shown on the final map.

(3) Ties to existing monuments, proposed monuments, adjacent subdivisions, partitions, street corner, and state highway stationining.

(C) A copy of any deed restrictions applicable to the subdivision.

(D) A copy of any dedication requiring separate documents.

(E) Written proof that all taxes and assessments on the tract are paid which have become a lien on the tract.

(F) A certificate by the City Engineer that the subdivider has complied with the requirements of Section 11.12.040 and 11.12.050. (Ord. 404, §19, 1994)

11.12.040 Technical Review.

(A) Upon receipt of the Final Plat and accompanying data, the City shall review the Final Map and documents to determine that the Plan conforms with the Approved Preliminary Plat/Partition Plan, and that there has been compliance with the provisions of the law and of this Title.

(B) The County Surveyor shall examine the plat for compliance with requirements of accuracy and completeness and shall collect such fees as are provided by state law. He may make checks in the field to verify that the map is sufficiently correct on the ground, and he may enter the property for this purpose. If he determines that there has not been full conformity, he shall advise the subdivider/partitioner of the changes or additions that must be made, and afford the subdivider an opportunity to make such changes or additions.

(C) If the County Surveyor determines that full conformity has been made, he shall so certify. (Ord. 404, §20, 1994)

11.12.050 Agreement for Improvements. Before Planning Commission approval is certified on the Final Plat, the subdivider shall either install required improvements and repair existing streets and other public facilities damaged in the development of the subdivision; or execute and file with the City Council 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 subdivider. The agreement may provide for the construction of the improvements in units and for an extension of time under specified conditions. (Ord. 404, §21, 1994)

11.12.060 Bond.

(A) The 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) A personal bond cosigned by at least one additional person together with evidence of financial responsibility and resources of those signing the bond sufficient to provide reasonable assurance of ability to proceed in accordance with the agreement.

(3) Cash.

(B) Such assurance of full and faithful performance shall be for a sum determined by the City Engineer as sufficient to cover the cost of the improvements and repairs, including related City expenses.

(C) If the 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 or cash deposit for reimbursement. If the amount of the bond or cash deposit exceeds the cost and expenses incurred by the City, the City shall release the remainder. if the amount of the bond or cash deposit is less than the cost and expense incurred by the City, the subdivider shall be liable to the City for the difference. (Ord. 404, §22, 1994)

11.12.070 Approval of Final Plat. If the City Engineer determines that the final Plat conforms fully with all applicable regulations and standards, the City Engineer shall so advise the Planning Commission. If the Planning Commission finds the Final Plat to be in compliance with the Preliminary Plat/Partition Plan and applicable regulations and standards, they shall direct the chairman of the Planning Commission to sign the Plat. In the absence of the chairman, his duties and powers with respect to action on Final Plats shall by vested in the vice chairman. Approval of a Final Plat shall not constitute or effect an acceptance by the City of the dedication of any street or other easement or way shown on the plat. (Ord. 404, §23, 1994)

11.12.080 Filing of Final Plat. The subdivider/partitioner shall, without delay, submit the Final Plat for the signature of other public officials required by law. Approval of the Final Plat shall be null and void if the plat is not recorded within 30 days after the date of the last required signature has been obtained. (Ord. 404, §24, 1994)

Sections:

11.16.010 Creation of Streets

11.16.020 Creation of Ways

11.16.010 Creation of Streets.

(A) The creation of street shall be in conformance with requirements for subdivision except, however, the Planning Commission shall approve the creation of a street to be established by deed if any of the following conditions exist:

(1) The establishment of the street is initiated by the City Council and is declared essential for the purpose of general traffic circulation, and the partitioning of land is an incidental effect rather than the primary objective of the street.

(2) The tract in which the street is to dedicated is an isolated ownership of one acre or less.

(3) The tract in which the street is to be dedicated is an isolated ownership of such size and condition as to make it impractical to develop more than three lots.

(B) In those cases where approval of a street is to be established by deed, a copy of the proposed deed shall be submitted to the City Engineer at least 15 days prior to the Planning Commission meeting at which consideration is desired. The deed and such information as may be submitted shall be reviewed by the Planning Commission and, if not in conflict with the standards of Sections 11.16.010 to 11.20.060 of these regulations, shall be approved with such conditions as are necessary to preserve these standards. (Ord. 404, §25, 1994)

11.16.020 Creation of Ways.

(A) An easement of way providing access to property and which is created to allow subdividing or partitioning of land for the purpose of lease, transfer of ownership or building development, whether immediate or future, shall be in the form of a street in a subdivision or as provided in Section 11.16.010 of these regulations except that a private easement of way (private street)to be established by deed without full compliance with these regulations shall be approved by the Planning Commission under the following conditions:

(1) If it is the only reasonable method by which the rear portion of an unusually deep lot large enough to warrant partitioning into two additional parcels may be provided with access.

(2) Said access shall not be less than 18 feet in width if less than 118 feet in length or 30 feet in width if greater than 118 feet in length.

(B) A copy of the proposed document to create the easement shall be submitted to the City Engineer at least 15 days prior to the Planning Commission meeting at which consideration is requested. The document and such information as may be submitted shall be reviewed by the Planning Commission and if assurance of adequate utility access as well as vehicular access is indicated, along with provisions for improvements and maintenance of said access, it shall be approved subject to review and concurrence by the City Attorney. (Ord. 404, §26, 1994)

Sections:

11.20.010 Principles of Acceptability

11.20.020 Streets

11.20.030 Blocks

11.20.040 Lots

11.20.050 Lot Grading

11.20.060 Building Lines

11.20.070 Large Lot Subdivision

11.20.080 Left-Over Land

11.20.090 Park and Recreation Facilities for Residential Subdivisions

11.20.010 Principles of Acceptability. A subdivision shall conform to the objectives of the Comprehensive Plan, and shall take into consideration goals and policies made in anticipation thereof A subdivision shall conform to the requirements of state law and the standards established by this Title. (Ord. 404, §27, 1994)

11.20.020 Streets.

(A) General. The location, width, and grade of streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed use of the land to be served by the streets, Where location is not shown in the Comprehensive Plan, the arrangement of streets in a subdivision shall either:

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

(2) Conform to a plan for the neighborhood approved or adopted by the Planning Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impractical.

(B) Minimum right-of-way and roadway widths. The width of streets and roadways shall be adequate to fulfill City specifications as provided for in Section 11.24.010 of this Title and, unless otherwise indicated in the Comprehensive Plan, shall not be less than the minimum widths in feet shown in the following table:

Where existing conditions, such as the topography or the size or shape of land parcels, make it otherwise impractical to provide buildable lots, the Planning commission may accept a narrower right-of-way, ordinarily not less than 50 feet. if necessary, special slope easements may be required.

(C) Reserve strips. Reserve strips or street plugs controlling access to streets will not be approved unless necessary for the protection of the public welfare or of substantial property rights, and in these cases, they may be required. The control and disposal of the land comprising such strips shall be placed within the jurisdiction of the City under conditions approved by the Planning Commission.

(D) Alignment. As far as practical, streets other than minor streets shall be in alignment with existing streets by continuations of the center lines thereof. Staggered street' alignment resulting in "T" intersections shall, wherever practical, leave a minimum distance of 200 feet between the center lines of streets having approximately the same direction and otherwise shall not be less than 125 feet.

(E) Future extension of streets. Where necessary to give access to or permit a satisfactory future subdivision of adjoining land, streets shall be extended to the boundary of the subdivision; and the resulting dead-end streets may be approved without a turn-around. Reserve strips and street plugs may be required to preserve the objective of street extensions.

(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 60 degrees unless there is a special intersection design. The intersection of an arterial or collector street with another street shall have at least 100 feet of tangent adjacent to the intersection unless topography requires a lesser distance Other streets, except alleys, shall have at least 50 feet of tangent adjacent to the intersection unless topography requires a lesser distance. Intersections which contain an acute angle of less than 80 degrees or which include an arterial street shall have a minimum corner radius sufficient to allow for a roadway radius of 20 feet and maintain a uniform width between the roadway and the right of way line.

(G) Existing streets. Whenever existing streets adjacent to or within a tract are of inadequate width, additional rightof-way shall be provided at the time of subdivision.

(H) Half streets. Half streets, while generally not acceptable, may be approved where essential to the reasonable development of the subdivision, when in conformity with the other requirements of these regulations, and when the Planning Commission finds it will be practical to require the dedication of the other half when the adjoining property is subdivided. Whenever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted with such a tract. Reserve strips and street plugs may be required to preserve the objectives of half streets.

(I) Cul-de-sacs. A cul-de-sac shall be as short as possible and shall have a maximum length of 400 feet and serve no more than 18 dwelling units. A cul-de-sac shall terminate with a turn-around.

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

(K) Grades and curves. Grades shall not exceed 6 percent on arterials, 10 percent on collector streets, or 12 percent on any other street. Center line radii of curves shall not be less than 300 feet on major arterials, 200 feet on secondary arterials, or 100 feet on other streets, and shall be to an even 10 feet. Where existing conditions, particularly topography make it otherwise impractical to provide buildable lots, the Planning Commission may accept steeper grades and sharper curves.

(L) Streets adjacent to a railroad right-of-way. Wherever the proposed subdivision contains or is adjacent to a railroad right-of-way, provisions may be required for a street approximately parallel to and on each side of such right-of-way at a distance suitable for the approximate 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 screen planting along the railroad right-of-way.

(M) Marginal access Streets. Where a subdivision abuts or contains an existing or purposed arterial street, the Planning Commission may require marginal access streets, reverse frontage lots with suitable depth, screen planting contained in a nonaccess reservation along the rear or side property line, or other treatment necessary for adequate protection of residential properties and to afford separation of through and local traffic.

(N) 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 Planning Commission. (Ord. 404, §28, 1994)

11.20.030 Blocks.

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

(B) Size. No block shall be more than 1,000 feet in length between street corner lines unless it is adjacent to an arterial street, or unless the topography or the location of adjoining streets justifies an exception. The recommended minimum length of blocks along an arterial streets is 1,900 feet.

(C) Easements.

(1) Utility lines. Easements for sewers, water mains, electric lines, or other public utilities shall be dedicated whenever necessary. The easements shall be at least 15 feet wide and centered on lot lines where possible, except for utility pole tieback easements which may be reduced to six feet in width.

(2) 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. Streets or parkways parallel to major water courses may be required.

(3) Pedestrian ways. When desirable for public convenience or safety, pedestrian ways not less than 10 feet in width may be required to connect to cul-de-sacs or to pass through unusually long or oddly-shaped blocks. (Ord. 404, §29, 1994)

11.20.040 Lots.

(A) Size and shape. Lot size, width, shape, and orientation shall be appropriate for the location of the subdivision and for the type of use contemplated. All lots in a subdivision shall be buildable.

(1) Lot sizes shall conform to the zoning requirement of the area. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street parking and service facilities required by the type of use contemplated. The depth of lots shall not ordinarily exceed two times the average width.

(2) Where the slope of the ground exceeds 10 percent in any direction for more than 60 percent of the buildable area of a lot, the area of a lot shall be increased according to the following table:

11 to 15 percent slope - Minimum area of lot plus 20 percent

16 to 20 percent slope - Minimum area of lot plus 50 percent

21 to 25 percent slope - Minimum area of lot plus 100 percent

26 to 30 percent slope - Minimum area of lot plus 200 percent

Over 30 percent slope - Minimum area to be established by the Planning Commission

(B) Access. Except as set forth in Section 11.16.020(2) each lot shall abut upon a street other than an alley for a width of at least 25 feet.

(C) Through lots. Through lots shall be avoided except where they are essential to provide separation of residential development from major traffic arteries or adjacent nonresidential activities or to overcome specific disadvantages of topography and orientation. A planting screen easement at least 10 feet wide and across which there shall be no right of access may be required along the line of lots abutting such a traffic artery or other incompatible use.

(D) Lot side lines. The side lines of lots, as far as practicable, shall run at right angles to the street upon which the lots face. (Ord. 404, §30, 1994)

11.20.050 Lot Grading. Lot grading shall conform to the following standards unless physical conditions demonstrate the propriety of other standards.

(A) Cut slopes shall not exceed one and one-half feet horizontally to one foot vertically.

(B) Fill slopes shall not exceed two feet horizontally to one foot vertically.

(C) The character of soil for fill and the characteristics of lots made usable by fill shall be suitable for the purpose intended.

(D) Lot drainage shall be provided in accordance with improvement specifications adopted by the City. (Ord. 404, §31, 1994)

11.20.060 Building Lines. If special building setback lines are to be established in the subdivision, they shall be shown on the subdivision plat or included in the deed restrictions. (Ord. 404, §32, 1994)

11.20.070 Large Lot Subdivision. In subdividing tracts into large lots which at some future time are likely to be resubdivided, the Planning Commission may require that the blocks be of such size and shape, to be so divided into lots, and contain such building site restrictions as will provide for extension and opening of streets at intervals which will permit a subsequent division of any parcel into lots of smaller size. (Ord. 404, §33, 1994)

11.20.080 Left-over Land. Islands, strips, or parcels of property unsuited for subdividing and not accepted by the City for appropriate use shall not be left unsubdivided. (Ord. 404, §34, 1994)

11.20.090 Park and Recreation Facilities for Residential Subdivisions.

(A) Areas required. An area of land, the size of which shall be determined by the Planning Commission I but not to exceed one acre for each 100 persons or an area equal to a fractional proportion of 100 to one acre, shall be, by the subdivider, set aside and dedicated to the public for parks and recreation purposes; the potential population shall be computed at the rate of 3.25 persons per each potential unit in a single-family dwelling or two-family dwelling and 2.75 person per each potential multiple -family unit; such area or parcel in either case shall be- -approved by the Planning Commission as being suitable and adaptable for park and recreation use and in compliance with the Comprehensive Plan for the City.

(B) Payment in lieu of land. If the Planning Commission determines that there is no need for open space or park property or that there is no suitable park or recreation area or site in the proposed subdivision or adjacent thereto, then the subdivider shall, in lieu of setting aside land, pay into a park trust fund a sum of money equal to the market value of that land that would have been required in Section (A) above.

(1) Market value shall be established by the total assessed value of the land, being platted, at the time of platting, as computed by the County Assessor for the coming calendar year under the procedures set forth in O.R.S. 92.095 as amended. Such payment shall be made prior to final approval, by presenting a statement of assessed value from the office of the County Assessor and a check in the amount of 5 percent thereof, to the City Council of the City of Yamhill.

(2) The sum of money established by this procedure shall be paid to the city prior to the approval of the Final Plat by the Planning Commission.

(C) Expenditure of funds. Funds contributed in lieu of park lands shall be credited to a park acquisition trust fund and shall be deposited with the City Recorder for the purpose of acquiring or developing land for park and recreational uses, and then only for such lands as the commission and council shall approve as suitable and adaptable for such purposes. (Ord. 404, §35, 1994)

Sections:

11.24.010 Improvement Procedures

11.24.020 Specifications for Improvements

11.24.030 Improvement Requirements

11.24.010 Improvement Procedures. In addition to other requirements, improvements shall conform to the requirements of this Title and improvement standard and 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 for adequacy and approved by the City. To the extent necessary for evaluation of the subdivision proposal, the plans may be required before approval of the final map. All plans shall be prepared in accordance with requirements of the City.

(B) Work shall not be commenced until the City has been notified in advancer and if work has been discontinued for any reason it shall not be resumed until the City has been notified.

(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 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.

(E) A map showing public improvements as built shall be filed with the City Recorder upon completion of the improvements. (Ord. 404, §36, 1994)

11.24.020 Specifications for Improvements. Plans and Specifications supplementing City Specifications shall be prepared by a Registered Professional Engineer for the construction of the following:

(A) Streets including related improvements such as curbs and gutters, shoulders, and median strips, and including suitable provisions for necessary slope easements.

(B) Drainage facilities.

(C) Sidewalks in pedestrian ways.

(D) Sewers and sewage disposal facilities.

(E) Public water supplies and water distribution systems. (Ord. 404, §37, 1994)

11.24.030 Improvement Requirements. The following improvements shall be installed at the expense of the subdivider:

(A) Water supply system. All lots within a subdivision shall be served by the City water supply system.

(B) Sewer System. All lots within a subdivision shall be served by the City sewer system.

(C) Drainage. Such grading shall be performed and drainage facilities installed conforming to City specifications as are necessary to provide proper drainage within the subdivision and other affected areas in order to assure healthful convenient conditions for the residents of the subdivision and for the general public. Drainage facilities in the subdivision shall be connected to drainage ways or storm sewers outside the subdivision. Dike and pumping systems shall be installed if necessary to protect the subdivision against flooding or other inundations.

(D) Streets. The subdivider shall grade and improve streets in the subdivision, and the extension of such streets to the paving line of existing streets with which such streets intersect, in conformance with City specifications. Street improvements shall include related improvements such as curbs, gutters, shoulders, and median strips to the extent these are required.

(E) Pedestrian ways. A paved sidewalk not less than five feet wide shall be installed in the center of pedestrian ways and/or along paved streets as required by City Standards and this Title. (Ord. 404, §38, 1994)

Sections:

11.28.010 Exceptions in Case of Large Scale Development

11.28.020 Exceptions in Case of Hillside Development

11.28.030 Variance Application

11.28.040 Planning Commission Action on Variances

11.28.050 Appeal

11.28.060 Validity

11.28.070 Penalties

11.28.010 Exceptions in Case of Large Scale Development. The Planning Commission may modify the standards and requirements of this Title if the plat comprises a neighborhood unit, a large-scale shopping center, or a planned industrial area. The Planning Commission 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. 404, §39, 1994)

11.28.020 Exceptions in the Case of Hillside Development. The Planning Commission may modify the standards and requirements of this Title if the subdivision is located on land of 20 percent or greater slope. To minimize disturbance of the existing grade and to take advantage of natural building sites, modification may concern alignment width and improvement of streets and building site locations. If modification involves the creation of some lots of less than the minimum area, the average area of lots in the subdivision shall equal the density established for the area under the zoning in effect. (Ord. 404, §40, 1994)

11.28.030 Variance Application. When necessary, the Planning Commission may authorize conditional variances to the requirements of this Title. Application for a Variance shall be made by petition of the subdivider/partitioner, stating fully the grounds for the application. The petition shall be filed with the preliminary map of the subdivision/partition. Before a Variance may be granted, the Planning Commission shall first determine:

(A) That there are special conditions affecting the property that are not common to all property in the area.

(B) That the Variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner and extraordinary hardship would result from strict compliance with these regulations because of the special circumstances or conditions affecting the property.

(C) That the Variance complies with the spirit and intent of these regulations and will not be detrimental to the public health, safety, or welfare or injurious to other property in the vicinity. (Ord. 404, §41, 1994)

11.28.040 Planning Commission Action on Variances. In granting a variance, the Planning Commission shall make a written record of its findings and shall specifically describe the Variance and any conditions which the Commission may designate. The City Recorder shall keep the findings on file as a matter of public record. (Ord. 404, §42, 1994)

11.28.050 Appeal.

(A) A person may appeal to the City Council from a decision or requirement made by the Planning Commission. Written notice of the appeal must be filed with the City Recorder within the (10) days after the decision or requirement is made. The notice of appeal shall state the nature of the decision or requirement and the grounds for the appeal.

(B) The City Council shall hold a public hearing on the appeal within 60 days from the time the appeal is filed. The Council may continue the public hearing for good cause. Following the hearing the Council may overrule or modify the decision or requirement made by the Planning Commission if the decision of the Council complies with the spirit and intent of this Title. The disposition of the appeal shall be final. (Ord. 404, §43, 1994)

11.28.060 Validity. If any provision of this Title shall for any reason be judged invalid or unconstitutional, the judgment shall not affect the validity of the rest of the Title. (Ord. 404, §44, 1994)

11.28.070 Penalties. The City Recorder and Chief of Police, shall have authority to issue citations for enforcement of this Title. Upon failure to comply with any of the provisions of this Title or with any of the restrictions or conditions imposed hereunder the Council may withhold any further permits and may withhold or withdraw City utility services until correction is made. Notwithstanding any such action taken by the Council, any person, firm, or corporation who violates, disobeys, omits, neglects, refuses to comply with, or who resists the enforcement of any of the provisions of this Title shall be fined not less than five dollars ($5.00) or more than five hundred dollars ($500.00) for each offense. Each day that violation is permitted to exist shall constitute a separate offense. (Ord. 404, §45, 1994)

SECTION 2. This Ordinance hereby supersedes the Ordinance Numbers 404. Any other ordinances or parts of ordinances dealing with the establishment and enforcement of Subdivision Regulations, of the City of Yamhill, that are in conflict herewith, are hereby repealed.

SECTION 3. This Ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, Oregon, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon passage. The emergency being for the uniformity of reference (by city personnel, as well as any citizen and/or building program applicant); uniformity as to citations into the Municipal Court; and due to the fact that the Yamhill Municipal Code is already in use.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 13th day of May , 1998.