ORDINANCE NO. O-467
AN ORDINANCE AMENDING YAMHILL MUNICIPAL CODE, TITLE 11, SUBDIVISION, OF THE YAMHILL MUNICIPAL CODE.
THE CITY OF YAMHILL ORDAINS AS FOLLOWS:
SECTION 1. Yamhill Municipal Code Title 11, Subdivision, is hereby amended to read as follows:
Title 11
LAND DIVISION
11.04 General Information
11.08 Subdivisions
11.12 Partitions
11.16 Property Boundary Adjustments
11.20 Design Standards
11.24 Street Standards
Chapter 11.04
GENERAL INFORMATION
Sections:
11.04.010 Purpose
11.04.020 Definitions
11.04.030 Scope of Regulations
11.04.040 Fees
11.04.050 Variances
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 dividing 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.
This Title is part of the City of Yamhill's regulations regarding land development and is designed to be used in conjunction with provisions in Title 10.
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.
"Master Plan". A map or layout that establishes the long-term development of a subdivision, planned unit development or future partitioning potential of larger parcels.
"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, re-plat, or partition plat.
"Property line". The division line between two units of land.
"Property boundary adjustment". The relocation of a common property line between two abutting properties.
"Re-plat". 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. Also known as a "frontage road."
"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.
11.04.030 Scope of Regulations. Subdivision plats, partition plats, property boundary adjustments, 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.
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.
11.04.050 Variances. Any request to vary or modify the standards in Title 11 shall be subject to the variance provisions outlined in Chapter 10.100.
Chapter 11.08
SUBDIVISIONS AND PLANNED UNIT DEVELOPMENTS
Section
11.08.010 Area of Application
11.08.020 Submittal Requirement
11.08.030 Review Procedures
11.08.040 Subdivision Review Criteria
11.08.050 Planned Unit Development Review Criteria
11.08.060 Form of Final Subdivision and PUD Plat
11.08.070 Improvements and Bonding
11.08.080 Final Plat Review of Subdivisions and Planned Unit Developments
11.080.020. Submittal Requirements.
(A) Submittal Material. The following submittal requirements shall apply to all Preliminary Plan applications for subdivisions and planned unit developments.
(1) All applications shall be submitted
on forms provided by the City to the City along with the appropriate
fee. It shall be the applicant's responsibility to submit a complete application
that addresses the review criteria of this Section.
(2) Submittal Requirements. Each application shall be accompanied by a preliminary plat drawn to scale of not less than one inch equals 50 feet nor more than one inch equals 200 feet, and containing at a minimum, the following:
(a) Appropriate identification stating the drawing is a preliminary plan.
(b) North point, scale and date.
(c) Name and addresses of land owner, applicant, engineer, surveyor, planner, architect or other individuals responsible for the plan.
(d) Map number and tax lot or tax account number of subject property.
(e) The boundary lines and approximate area of the subject property.
(f) Dimensions and size in square feet or acres of all proposed parcels.
(g) The approximate location of existing streets, easements or right-of-ways adjacent to, or within, the subject property, and, existing improvements on the property and important features such as section, political boundary lines.
(h) The name, address and phone number of the applicant engineer, land surveyor, or person preparing the application;
(i) Name of the PUD, subdivision, or manufactured home park.
(j) Date the drawing was made.
(k) Vicinity sketch showing location of the proposed land division.
(l) Identification of each lot or parcel and block by number.
(m) Gross acreage of property being subdivided or partitioned.
(n) Direction of drainage and approximate grade of abutting streets.
(o) Streets proposed and their names, approximate grade, and radius of curves.
(p) Any other legal access to the subdivision, PUD, manufactured home park, or partition other than a public street.
(q) Contour lines at two foot intervals if 10% slope or less, five foot intervals if exceeding 10% slope, and a statement of the source of contour information.
(r) All areas to be offered for public dedication.
(B) Supplemental Information. The following supplemental information shall be required for all PUD Preliminary Plan applications:
(1) Calculations consistent with Section 10.124.050(E) justifying the proposed density of development.
(2) Proposed uses of the property, including sites, if any, for attached dwelling units, recreational facilities, parks and playgrounds or other public or semi-public uses, with the purpose, condition and limitations of such reservations clearly indicated.
(3) The approximate location and dimensions of all commercial or multi-family structures proposed to be located on the site.
(4) Statement of improvements to be made or installed including streets, sidewalks, bikeways, trails, lighting, tree planting, landscaping, and time such improvements are to be made or completed.
(5) Written statement outlining proposals for ownership and maintenance of all open space areas, private streets and any commonly owned facilities.
11.08.030 Review Procedures. The following review procedures shall apply to all subdivisions and planned unit developments.
(A) Planning Commission. All Preliminary Plans for subdivisions and PUDs shall be heard by the Planning Commission pursuant to the procedures set forth in Chapter 10.128.
(B) Time Limit. Approvals of any preliminary plans for a subdivision or PUD shall be valid for one year after the date of the final decision. A Final Plat shall be recorded within this time period or the approvals shall lapse. PUDs which do not involve the subdivision of property, shall install all required sewer, water and storm water facilities within the one year period or the approval shall lapse.
(C) Time Extension. The Planning Commission may extend the approval period for any subdivision or PUD for not more than one additional year at a time. Requests for extension of approval time shall be submitted in writing thirty days prior to the expiration date of the approval period. No more than two time extensions shall be granted.
(D) Re-application Required. If the approval period is allowed to lapse, the applicant must resubmit the proposal, including all applicable fees, for public hearing before Planning Commission. The applicant will be subject to all applicable standards currently in effect.
(A) The proposal shall comply with the applicable development standards in Section 11.20, as appropriate, including provisions for streets and utilities.
(B) Each lot shall satisfy the dimensional standards and density standard of the applicable zoning district, unless a variance from these standards is approved.
(C) Adequate public facilities shall be available to serve the existing and newly created lots.
11.08.050 PUD Review Criteria. Approval of a planned unit development shall require compliance with the applicable development standards in Chapter 10.124, as appropriate, including provisions for streets and utilities.
11.08.060 Form of Final Subdivision and PUD Plat.
(A) Final Plat Requirements. The final plat shall be prepared in a form and with information consistent with ORS 92.010-92.160, and approved by the County Surveyor.
(B) Owners Association. Where applicable, all Owners Agreements, Articles and By-Laws shall be submitted with the final plat for review by the City Attorney.
(1) The Planning Commission, until the Owners Association Agreement, Articles and By-Laws are approved shall not approve the final plat.
(2) The Owner's Association Agreement shall be consistent with Chapter 94, Oregon Revised Statutes.
(3) A Certificate of Formation of a non-profit corporation, with a State seal, for the Owners Association, shall be submitted with the final plat for review by the Planning Commission.
(4) Signed, original documents of the Owners Association Agreement, Articles and By-Laws and the Certificate of Formation described in (3) above, shall be recorded with the final plat.
(C) Subdivision Names. All plat names shall conform to ORS 92.090 and be approved by the County Surveyor.
11.08.070 Improvements and Bonding.
(A) Improvements. Before 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 specifying the period within which required improvements and repairs shall be completed.
(B) Bonding. The subdivider shall file with the agreement an financial instrument to assure installation of the necessary improvements. 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. The amount 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. In no case shall bonding exceed 5% of the total construction costs of the subdivision as determined by the City Engineer. The financial instrument may include 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.
(C) Liability. If the sub-divider fails to carry out provisions of the agreement and the City has un-reimbursed 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 sub-divider shall be liable to the City for the difference.
11.08.080 Final Plat review of Subdivisions and Planned Unit Developments
(A) Final Review. 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.
(B) Filing the Final Plat. The final subdivision plat shall be filed with the Yamhill County Clerk's Office and a copy of the final recorded document shall be returned to the City Recorder.
(C) Phasing. The applicant shall have the option of phasing the subdivision. The phasing plan shall be reviewed and approved by the Planning Commission when the initial phase is submitted for acceptance. The City Engineer shall approve the phasing plan to ensure adequate facilities are available. This may require the construction of facilities outside of the phase under consideration. Each subsequent phase shall be recorded within one year of the recording of the preceding phase.
Chapter 11.12
PARTITIONS
Sections:
11.12.010 Area of Application
11.12.020 General Provisions
11.12.030 Submittal Requirements
11.12.040 Process for Preliminary Review
11.12.050 Decision Criteria
11.12.060 Process for Final Plat Approval
11.12.010 Area of Application. A partition is required for any land division that creates two or three parcels in a calendar year.
11.12.020 General Provisions. The following general provisions apply to all partitions.
(A) Validity. Partition approval is valid in perpetuity, upon recording of the final surveyed plat.
(B) Number of Parcels. No parcel within an approved partition may be redivided within the same calendar year in which it was recorded, except through the subdivision process.
(C) Master Plan. A master plan for development is required for any application that leaves a portion of the subject property capable of re-platting.
11.12.030 Submittal Requirements. The following provisions shall apply to the submittal of a partition application:
(A) Application Process. Applications for partitions shall be submitted on forms provided by the City and accompanied by the appropriate fee. It shall be the applicant's responsibility to submit a complete application that addresses the review criteria of this Section.
(B) Submittal Requirements. Each application shall be accompanied by a preliminary partition plat drawn to scale of not less than one inch equals 50 feet nor more than one inch equals 200 feet, and containing at a minimum, the following:
(1) Appropriate identification stating the drawing is a preliminary plan.
(2) North point, scale and date.
(3) Name and addresses of land owner, applicant, engineer, surveyor, planner, architect or other individuals responsible for the plan.
(4) Map number and tax lot or tax account number of subject property.
(5) The boundary lines and approximate area of the subject property.
(6) Dimensions and size in square feet or acres of all proposed parcels.
(7) The approximate location of existing streets, easements or right-of-ways adjacent to, or within, the subject property, and, existing improvements on the property and important features such as section, political boundary lines.
11.12.050 Decision Criteria. Approval of a partitioning shall require compliance with the following:
(A) Each parcel shall meet the access requirements of Section 11.20.
(B) Each parcel shall satisfy the dimensional standards of applicable zoning district, unless a variance from these standards is approved.
(C) Adequate public facilities shall be available to serve the existing and newly created parcels.
(A) Survey. Within one year of the final decision approving a preliminary plat, a final survey of the approved plat shall be recorded. If the final survey is not recorded within one year, the preliminary approval shall lapse.
(B) Final Approval. If the partition plat is consistent with the approved preliminary plat, and if the conditions of approval have been satisfied, the City Recorder shall sign the final plat.
(C) Recording of Approved Plat. No building permit shall be issued, or parcel sold, transferred or assigned until the final approved Plat has been recorded with the County Recorder. The applicant shall be responsible for all recording fees.
(4) Improvements/Bonding. Prior to issuance of an occupancy permit, all improvements required by the conditions of approval shall be constructed or the construction shall be guaranteed through a performance bond or other instrument acceptable to the City Attorney.
Chapter 11.16
PROPERTY BOUNDARY ADJUSTMENTS
Sections:
11.16.010 Purpose
11.16.020 Applicability
11.16.030 Review Procedure
11.16.040 Decision Criteria
11.16.050 Completion of Property Boundary Adjustment
11.16.010 Purpose. A property boundary adjustment is a change to a property boundary that only modifies existing lots or parcels and does not create a new lot or parcel, or, reduce the number of lots or parcels.
11.16.020 Submittal Requirements. The applicant must submit the following information and material:
(A) Applications for a property boundary adjustment shall be submitted on forms provided by the City and accompanied by the appropriate fee. The application must be signed by the owners of all property affected by the application.
(B) In addition, the following information shall be submitted by the applicant(s):
(1) Copies of the officially recorded title transfer instrument (deed, warranty deed, or contract) that shows the legal description for the affected parcels.
(2) Copies of the County Assessor's maps for both properties.
(3) A written statement explaining the purpose for the property boundary adjustment and demonstrating that the request conforms to City land use policies and regulations of the applicable zone.
(5) The applicant(s) shall certify in writing that the application does not violate any deed restrictions that may be attached to or imposed upon the subject property.
11.16.030 Review Criteria. Approval or denial of a property boundary adjustment shall be based on the following criteria:
(A) A property boundary adjustment cannot create or vacate a parcel. Creation or vacation of a parcel requires approval of a land division.
(B) Following the property boundary adjustment, all lots or parcels must comply with lot size and dimensional standards of the applicable land use district. For non-conforming lots, the adjustment shall not increase the degree of non-conformance of the subject property.
(C) The adjustment shall not result in a setback violation for existing structures.
(D) The adjustment should not reorient or significantly reconfigure the lots or parcels.
(E) Property boundary adjustments resulting in an alteration exceeding 10% of the total land area of any affected parcel shall require approval under the partitioning procedures, including compliance with design standards.
11.16.040 Review Process. A property boundary adjustment is subject to review and decision by City Staff, except that adjustments that result in an alteration exceeding 10% of the total land area of any affected parcel shall be subject to a public hearing before the Planning Commission.
11.16.050 Completion of a Property Boundary Adjustment. After a property boundary adjustment is approved, the new boundary becomes effective only after the following steps are completed:
(A) The metes and bounds legal descriptions of the adjusted properties are recorded with the Yamhill County Clerk.
(B) If required by ORS Chapter 92 or the requirements of this ordinance, a final map and boundary survey are prepared and all new boundaries are monumented as required by ORS Chapters 92 and 209. If so required, the final map shall be submitted to the City Recorder for approval prior to recording the document in the County Clerk' Office. A copy of the recorded document shall be returned to the City.
Chapter 11.20
DESIGN STANDARDS
Sections:
11.20.010 Scope
11.20.020 Standards for Lots and Parcels
11.20.030 Additional Design Standards for Subdivisions
11.20.040 Improvement Requirements for Partitions
11.20.050 Improvement Requirements for Subdivision
11.20.060 Improvement Procedures
11.20.070 Park and Recreation Facilities for Residential Subdivisions
11.20.080 Lots and Parcels Served by Private Street and Driveway Easements
11.20.010 Scope. The provisions of this Section shall apply to all subdivisions and partitions within the City of Yamhill. The design standards in this Section may be modified, provided, findings are established to comply with the variance provisions in Chapter 10.100.
11.20.020 Standards for Lots and Parcels.
(A) Minimum lot area. Minimum lot area shall conform to the requirements of the zoning district in which the parcel is located. 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 Commission
(B) Lot width and depth. The depth of a lot or parcel shall not be more than 3 times the width of the parcel, except that Parcels created for public utility uses or in zones where there is no minimum lot area requirement shall be exempt from width to depth ratio provisions.
(C) Access. All lots and parcels created after the effective date of this Ordinance shall provide a minimum frontage, on an existing or proposed public street, equal to the minimum lot width required by the underlying zone. The following exceptions shall apply:
(1) Residential lots or parcels, excluding townhouse developments and Planned Unit Developments, may be accessed by a private street or partition access easement developed in accordance with the provisions of Section 11.28.040 when the Planning Commission finds that public street is not necessary to provide for the future development of adjoining property.
(2) Lots or parcels in townhouse developments or Planned Unit Developments may be accessed via public or private streets, in accordance with the following standards:
(a) Internal local streets or drives may be private and shall be subject to the provisions of Section 11.28.
(b) Collector and arterial streets shall be public and shall comply with the applicable provisions of Section 11.28. Collector or arterial streets may be determined either by design or anticipated traffic volumes.
(c) Local streets that are needed to provide access to adjoining properties shall be public and shall comply with the applicable provisions of Section 11.28.
(4) Cul-de-sac lots shall have a minimum frontage of 25 feet.
(5) Flag lots, as permitted in Section 11.20.0202(D).
(D) Flag Lots. Flag lots shall only be permitted if it is the only reasonable method by which the rear portion of a lot being unusually deep or having an unusual configuration may be accessed. If a flag-lot is permitted, the following standards shall be met:
(1) The access strip shall not be less than 20 feet wide. The access strip shall be improved with a minimum 12 foot wide paved driveway and paved encroachment which meet applicable City Public Works standards.
(2) The access strip shall not be included in the calculation of lot area for purposes of determining compliance with any minimum lot size provision of this Ordinance.
(E) Through Lots. Through lots shall be avoided except where essential to provide separation of residential development from major traffic arteries, adjacent non‑residential activities, or to overcome specific disadvantages of topography and orientation. Through lots shall be no less than 100 feet in depth. Screening or buffering may be required by the Planning Commission during the review of the land division request.
(G) Lot Lines. The side lines of lots, as far as practicable, shall run at right angles to the right-of-way line of the street upon which the lots face. The rear lot line shall be no less than 1/2 the dimension of the front lot line.
(H) Utility Easements. Utility easements shall be provided on lot areas where necessary to accommodate public utilities. Such easements shall have a minimum total width consistent to comply with City of Yamhill Public Works Standards.
(A) Standards for Blocks
(1) General: The length, width, and shape of blocks shall be designed with regard to providing adequate building sites for the use contemplated; consideration of needs for convenient access, circulation, control, and safety of street traffic; and recognition of limitations and opportunities of topography.
(2) Sizes: Blocks should not exceed 1000 feet in length between street lines, except blocks adjacent to arterial streets, or unless the previous adjacent development pattern or topographical conditions justify a variation. The recommended minimum distance between intersections on arterial streets is 1,800 feet.
(B) Traffic Circulation. The proposed subdivision shall be laid out to provide safe and, convenient vehicle, bicycle and pedestrian access to nearby residential areas, transit stops, neighborhood activity centers such as schools and parks, commercial areas, and industrial areas; and to provide safe and convenient traffic circulation. At a minimum, "nearby" is interpreted to mean uses within 1/4 mile which can be reasonably expected to be used by pedestrians, and uses within 1 mile of the subdivision boundary which can reasonably be expected to be accessed by bicyclists.
(C) Connectivity. To achieve the objective in B., above, the Commission may require the following:
(1) Stub Streets: Where the potential exists for additional residential development on adjacent property.
(2) Pedestrian/Bicycle Accessways: Public accessways to provide a safe and efficient connection from a residential area to nearby residential areas, transit stops, neighborhood activity centers, including schools, parks, shopping centers, other community services and other commercial and industrial areas when such connections are not available by streets and when a pedestrian must go at least one quarter of a mile out of his or her way to make that connection using the street system.
(D) Accessway Design Standards. Pedestrian/bicycle accessways shall meet the following design standards:
(1) Minimum dedicated width: 10 feet
(2) Minimum improved width: 10 feet
(3) Maximum length: 250 feet. A clear line of vision for the entire length of the accessway shall be required.
(4) Lighting shall be provided illuminating any walkway exceeding 150 feet in length to a level where the system can be used at night. Lighting shall be included in the lighting district(s) established for the subdivision.
(5) The accessway shall be designed to prohibit vehicle traffic.
(A) Private Access. Private driveways serving flag lots, or private streets, shall be surfaced per the requirements of this Code.
(B) Street Frontage Improvements. The following improvements shall be required:
(1) If the street frontage of the subject property is less than or equal to 250 feet, the applicant shall sign a non-remonstrance agreement with the City of Yamhill. This agreement shall stipulate that the applicant or future property owner will agree to participate in right-of-way improvements. The agreement may include provisions for the following: street paving, curbing, sidewalks, water lines, storm sewer facilities and sanitary sewer facilities.
(2) If the street frontage of the subject property exceeds 250 feet, or extends and existing dedicated right-of-way, the applicant shall improve the following:
(a) Public streets upon which the property fronts to public standards, including: surfacing from center line to curb, installation of curbing, storm sewers, sanitary sewers, water lines and other necessary public utilities.
(b) Sidewalks, meeting City Public Works standards, along public street frontage.
(c) The installation of storm sewers, sanitary sewers, water lines and other utilities necessary to serve lots accessing off of the new street.
(C) Completion Requirements. All required improvements shall be completed prior to the issuance of any building permits for the subject property. Alternatively, improvements required under this Section shall be completed or assured through a performance bond or other instrument acceptable to the City Attorney prior to the approval of the final plat of the partition. At the discretion of the Public Works Director, certain improvements may be further postponed through a non-remonstrance agreement, or other performance agreement.
(A) Frontage Improvements. Street improvements to full City Public Works Standards shall be required for all public streets on which a proposed subdivision fronts in accordance with Section 11.24.010(B) of this Code. Such improvements shall be designed to match with existing improved surfaces for a reasonable distance beyond the frontage of the property. Additional frontage improvements shall include: sidewalks, curbing, storm sewer, sanitary sewer, water lines, other public utilities as necessary, and such other improvements as the Planning Commission shall determine to be reasonably necessary to serve the development or the immediate neighborhood.
(B) Project Streets. All public or private streets within the subdivision shall be constructed as required by the provisions of Chapter 11.24.
(C) Monuments. Upon completion of street improvements, centerline monuments shall be established and protected in monument boxes at every street intersection and all points of curvature and points of tangency of street center lines.
(D) Bench Marks. Elevation bench marks shall be set at intervals established by the City Engineer. The bench marks shall consist of a brass cap set in a curb or other immovable structure.
(E) Surface Drainage and Storm Sewer System. Drainage facilities shall be provided within the subdivision and to connect the subdivision drainage to drainage‑ways or to storm sewers outside the subdivision. Design of drainage within the subdivision shall take into account the capacity and grade necessary to maintain unrestricted flow from areas draining through the subdivision and to allow extension of the system to serve such areas. Drainage shall be designed to avoid impacts on adjacent property.
(F) Sanitary Sewers. Sanitary sewer shall be installed to serve the subdivision and to connect the subdivision to existing mains both on and off the property being subdivided. If the required sewer facilities will, without further sewer construction, directly serve property outside the subdivision, the Planning Commission may recommend to the City Council construction as an assessment project with such arrangement with the subdivider as is equitable to assure financing his share of the construction and to provide for appropriate reimbursements of costs above those directly attributable to the subdivision. The City Council may require that the subdivider construct sewage lines of a size in excess of that necessary to adequately service the development in question, where such facilities are or will be necessary to serve the entire area within which the development is located when the area is ultimately developed. The City Council may also require that the construction take place as an assessment project with such arrangement with the subdivider as is desirable to assure his share of the construction.
(G) Water System. Water lines with valves and Fire District approved fire hydrants serving the subdivision and connecting the subdivision to the City mains shall be installed and operating prior to start of combustible construction. The design shall take into account provisions for extension beyond the subdivision to adequately grid the City system and to serve the area within which the development is located when the area is ultimately developed. However, the developer will be responsible for water main sizes necessary to meet minimum fire flow requirements per Uniform Fire Code. The developer is not expected to pay for the extra pipe material cost of mains exceeding 8 inches in size.
(H) Sidewalks. Sidewalks shall be installed along both sides of each public street and in any pedestrian ways within the subdivision. Construction of the sidewalks may be deferred until the dwellings or structures fronting the sidewalk are constructed. Any required off-site sidewalks (e.g. pedestrian walkways) or sidewalks fronting public property shall not be deferred.
(I) Street Lights. The installation of street lights is required at locations and of a type required by City Public Works standards.
(J) Street Signs. The installation of street name signs and traffic control signs is required at locations determined to be appropriate by the City Public Works Department and shall be of a type required by City Public Works standards. Each street sign shall display the one hundred block range. Street signs shall be installed prior to obtaining building permits.
(K) Public Works Requirements. All facility improvements shall conform to the requirements and specifications of the Yamhill Department of Public Works.
(L) Curb Cuts. Curb cuts and driveway installations, excluding common drives, are not required of the subdivider, but if installed, shall be according to the City Public Works standards.
(M) Grading & Fills. All grading which results in fills in excess of 3 feet located within the identified building envelope on a subdivision lot or parcel must be engineered.
(N) Financial Requirements. All improvements required under this Section shall be completed to City Municipal Code standards or assured through a performance bond or other instrument acceptable to the City Attorney, prior to the approval of the Final Plat of the subdivision.
(A) Plan Review. Improvement work shall not commence until plans have been checked for adequacy and approved by the City Engineer. Plans shall be prepared in accordance with requirements of the City Public Works Department.
(B) Notification. Improvement work shall not commence until the City Public Works Department has been notified in advance; and, if work has been discontinued for any reason, it shall not be resumed until the City Public Works Department has been notified.
(C) Inspection. Improvements shall be constructed under the inspection and to the satisfaction of the City Engineer and the Director of Public Works. The City Engineer or Public Works Department may require changes in typical sections and details in the public interest, if unusual conditions arise during construction to warrant the change.
(D) Underground Facilities. All underground utilities, sanitary sewers, and storm drains installed in streets by the developer shall be constructed prior to the surfacing of the streets. Stubs for service connections for underground utilities and sanitary sewers shall be placed to a length eliminating the necessity for disturbing the street improvements when service connections are made.
(E) Final Engineering Plans. Upon completion of the public improvements and prior to final acceptance of the improvements by the City Engineer, the developer shall provide certified as-built drawings of all public utility improvements to the City Public Works Department. As-built conditions and information shall be reflected on one set of Mylar base as-built drawings. The as-built drawings shall be submitted to the City Engineer by the Developer's engineer.
11.20.070 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 of Yamhill 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.
11.20.080 Lots and Parcels Served by Private Streets and Driveway Easements. The following shall apply to all lots and parcels that are accessed by either a private street or private driveway easement:
(A) Lot and Parcel Size. The easement containing the private street or private driveway easement shall be excluded from the lot or parcel size calculation.
(B) Setbacks. The lot line fronting along a private street or private driveway easement shall be considered the front property line. Setbacks to the garage and home shall be measured from the easement line.
(C) Lot Depth and Width. Where required by the underlying zone, the lot width shall be measured along the easement boundary and the lot depth shall be measured from the easement boundary to the rear lot line.
Chapter 11.24
STREET STANDARDS
Sections:
11.24.010 Scope
11.24.020 Modification of Right-of-Way and Width Improvements
11.24.030 Construction Specifications
11.24.040 Private Streets
11.24.050 Private Access Driveways
11.24.010 General Provisions for Public 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 Public Works specifications 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:
STREET RIGHT-OF-WAY WIDTHS
AND IMPROVEMENT REQUIREMENTS
|
Type of street |
Minimum Right‑of‑Way |
Minimum Roadway |
|
|
Major arterial |
100 |
Varies (b) |
|
|
Secondary arterial |
80 |
Varies (b) |
|
|
Collector streets & continuing residential streets |
60 |
36 (c) |
|
|
Discontinuing minor streets not extending or expected to extend over 1,800 feet in length |
50 |
36 (c) |
|
|
Radius for turn‑around at end of cul‑de‑sac |
50 |
40 |
|
|
Alley |
20 |
20 |
|
|
(a) Exclusive of side slope easements which may be required in addition for cuts or fills in rough terrain. |
|||
|
(b) Width standards will be defined in improvement specifications adopted by the City Public Works Standards. |
|||
|
(c) The minimum roadway width may be varied by action of the Council, taking into consideration the unique characteristics of the land to include geography, topography, and its relation to land developments already present in the area. |
|||
(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 right-of‑way shall be provided.
(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 may be required to preserve the objectives of half streets.
(I) Cul‑de‑sacs. The use of cul-de-sacs is not encouraged but may be permitted where no other possible design alternative exists. When allowed, a cul‑de‑sac 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.
11.24.020 Modification of Right-of-Way and Width Improvments. The Commission may approve a modification to the right-of-way width and improvement requirements as part of reviewing a subdivision proposal. This does not require a variance but shall require compliance with the following criteria:
(A) Modification Permitted. The modification is necessary to provide design flexibility where:
(1) Unusual topographic conditions require a reduced width or grade separation of improved surfaces; or
(2) Parcel shape or configuration precludes accessing a proposed development with a street which meets the full standards of Section 11.24.0101(B); or
(3) A modification is necessary to preserve natural features determined by the City Planning Commission to be significant to the aesthetic character of the area; or
(4) The modification of street standards is necessary to provide greater privacy or aesthetic quality to the development.
(C) Vehicular Access Maintained. Modification of the standards of Section 11.24.010(B) shall only be approved if the City Planning Commission finds that the specific design proposed provides adequate vehicular access based on anticipated traffic volumes.
11.24.030. Construction Specifications. Construction specifications for all public streets shall comply with the standards of the most recently adopted public works/street standards of the City of Yamhill.
11.24.040 Private Streets. Streets and other right-of-ways that are not dedicated for public use shall comply with the following:
(A) Application. At least three, and no more than six, lots or parcels may be served by a private street. This limit shall not apply to planned unit developments. These standards shall also apply if at least three, and no more than six, parcels may be created through a series of separate partitions as identified on a master plan.
(B) Construction Standards: Private Streets shall be subject to the following construction standards:
(1) Width. Private streets shall have a minimum easement width of 25 feet and a minimum paved surface width of 20 feet. Paving shall be either asphalt or concrete.
(2) Construction Standards. All private shall be constructed to the same cross‑sectional specifications required for public streets and shall include provisions for adequate drainage in conformance with Public Works Standards.
(3) On-street Parking. Private streets shall provide one on-street parking space per lot or parcel. The parking spaces may be designed as a "parking pocket" or located along the private street. The provision for on-street parking may require a wider private street easement.
(4) Sidewalk Requirements. A sidewalk/pathway, constructed to City standards, shall be located along one side of the private street. The sidewalk/pathway shall be placed within the easement and shall run the entire length of the private street.
(5) Public and Private Utilities. Unless otherwise required by the City Engineer, the private street shall include easements for public and private utilities.
(6) Turn-around. Private streets serving more than one ownership shall provide a turn‑around if in excess of 250 feet and having only one outlet. Turn‑arounds shall be either a circular turn‑around with a minimum paved radius of 35 feet, or a "tee" or "hammerhead" turn‑around with a minimum paved dimension across the "tee" of 70 feet.
(7) Maintenance. Provision for the maintenance of the street shall be provided in the form of a maintenance agreement, home owners association, or other instrument acceptable to the City. The applicable document shall be recorded against the deed record of each parcel, and if appropriate, placed on the final partitioning plat.
(C) Public Dedication. Any private street that is designed, or has the potential capacity, as a collector or an arterial street shall be dedicated as a public right-of-way.
11.24.050. Private Access Driveway. A private access easement created as the result of an approved partitioning shall conform to the following.
(A) Width. Private access driveway shall only be allowed where the applicable criteria of Section 11.20.020(C), are satisfied. The driveway shall comply with the following standards:
(1) Minimum easement width: 20 feet.
(2) Minimum paved width: Serving one dwelling - 12 feet; serving two dwellings - 16 feet.
(3) Maximum length: 300 feet.
(4) No more than two dwelling units shall have their sole access from the easement.
(B) Maintenance. Provision for the maintenance of a private access driveway shall be provided in the form of a maintenance agreement, home owners association, or other instrument acceptable to the City Attorney. The applicable document shall be recorded against the deed record of each parcel, and if appropriate, placed on the final partitioning plat.
(C) Turn-around. A turn-around shall be required for any access driveway which is the sole access and which is either in excess of 150 feet or which serves more than two dwellings. Turn-arounds shall be either a circular turn-around with a minimum paved radius of 35 feet, or a "tee" or "hammerhead" turn‑around with a minimum paved dimension across the "tee" of 70 feet.
(D) Fire Lanes. All private access driveways shall be designated as fire lanes and signed for "no parking."
SECTION 2. This Ordinance being created by City Council unanimously approving the Order and Recommendation of the Yamhill Planning Commission, see attachment.
SECTION 3. This Ordinance hereby amends Yamhill Municipal Code, Title 11, Subdivision Regulations.
SECTION 4. Emergency Clause. This Ordinance being necessary for the immediate preservation of the public, 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 15 days from the date of this adoption. The emergency being for the uniformity of reference by city personnel, as well as any applicant 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 14th day of August , 2002.
CITY OF YAMHILL, OREGON
FIRST READING: 08/14/02
SECOND READING: 08/14/02
By:
Charles P. Mitchell
Mayor - City of Yamhill
ATTEST:
AYES: _______
By:
NAYS: _______ Sandi Wodarczak
City Recorder/Treasurer