Chapter 9
CHAPTER 9 - PARTITIONING AND SUBDIVISION



Procedures and Criteria



9.0.10 Purpose.



The purpose of this chapter is to accomplish the orderly division and development of land within the City of Glendale in order to promote the public health, safety, and the general welfare of the City. This is accomplished through regulations and standards that govern the approval of plats for land divisions and land reconfiguration including land partitions, subdivisions, and replats.



9.0.20 Subdivision of Existing Mobile Home Parks and Manufactured Dwelling Parks.



Conversions of existing mobile home parks and manufactured dwelling parks (lawfully approved before July , 2001) in order to allow for individual ownership interest in the lot on which the dwelling is located are subject to ORS 92.830 - 92.845.



9.0.30 Authorizations for Sale of Lots.



1. No person shall divide land, except after the approval of such division pursuant to this ordinance.



2. No person shall sell any lot in any subdivision for which approval is required by this Ordinance:



1. Until such approval is obtained, and

2. The plat of the subdivision has been acknowledged and recorded with the recording officer of the County.



C. No person shall negotiate to sell, advertise, solicit or promote to sell any lot in a subdivision until a preliminary plat has been approved. Prior to the approval of the preliminary plat, however, the owner or owner’s agent may obtain non-binding, fully-refundable without condition “reservation” agreements.



D. When a subdivision has been granted preliminary plat approval, the owner or owner’s agent may negotiate and enter into binding sale agreements that are specifically conditioned upon final subdivision plat approval. In negotiating to sell a lot in a subdivision a person may use the approved preliminary plat for such subdivision.



E. No person shall sell any lot in any subdivision by reference to or exhibition or other use of a plat of such subdivision before the plat for such subdivision has been so recorded.



F. No person may sell any parcel or unit of land in a partition for which approval is required by this ordinance until such approval is obtained and the partition recorded. However, a person may negotiate to sell a parcel in a partition prior to the required approval of the partition, provided that the sale agreement is specifically conditioned upon final partition plat approval.

G. No person shall create a street or road for the purpose of partitioning or subdividing an area or tract of land without the appropriate partitioning or subdivision approvals of the City of Glendale under this chapter.



H. No instrument dedicating land to public use shall be accepted for recording unless such instrument bears the approval of the City Council.



9.0.40 Application and Hearing Procedures.



1. Preapplication. When proposing to divide land or reconfigure platted lots, the owner or authorized agent of such land shall initially submit to the City Manager/Recorder a sketch map of sufficient accuracy to determine the procedures that apply for land division, subdivision, lot line adjustment, or reconfiguration of lots. The applicant shall comply with all applicable sections of this ordinance.



2. Filing Fees. Each applicant for partitioning and subdivision of land is subject to the payment of a minimum filing fee as set by resolution of the City Council under the procedures set forth in Section 8.0.60 Fees and Professional Expense.



3. Application. The applicant shall submit 12 copies of the required preliminary partitioning or subdivision plat map and a completed written application, along with the filing fee to initiate the application which shall be processed in compliance with Section 8.0.50 Applications.



4. Preparation of Maps. All partition and subdivision preliminary and final plat maps shall be prepared by a professional land surveyor registered in the State of Oregon, and shall conform to the surveying requirements of ORS Chapter 92 and the Douglas County Surveyor’s plat standards.



2. Subdivision and Partition Approval Through Two-Step Process. Applications for subdivision or partition approval shall be processed through a two-step process including preliminary plat approval and final plat approval:



1. Preliminary Plat Approval. The preliminary plat shall be approved before the final plat can be submitted for approval. A public hearing shall be held at the time of the preliminary plat approval. The findings of compliance with the criteria specified within this ordinance, and the conditions of approval are spelled out by the Planning Commission at the time of preliminary plat approval.



a. Setting Hearing. Upon receipt of all information, and the fee, and after the check for completeness and accuracy in accordance with Section 8.0.50 Applications, the City Manager/Recorder shall set the date of the Planning Commission hearing to be not more than 45 days following receipt of the completed application.

2. Hearing Notice. Notice for partitioning and subdivision shall be provided under Section 8.0.70 Notice Procedures for Quasi-Judicial Hearings.

3. Concurrent Processing. Any application for discretionary permits for one development applied for under this section shall be processed concurrently with other permits under this ordinance at the applicant’s request, and using procedures set forth in Section 8.0.40 Consolidated Application Procedure.

4. Review by Special Districts, Agencies and Departments. Within six working days after the partition or subdivision application has been submitted according to the provisions of this ordinance, the City staff shall distribute copies to special districts, agencies and City departments for review and comment. If the City receives no written response or time extension requests within 20 days from the date that the notice has been mailed, the City shall deem that there are no issues of concern to the affected special districts, agencies and departments.

5. Hearing Process. Partitioning and subdivision shall be processed as quasi-judicial actions under Section 8.0.80 Public Hearing Procedures for Quasi-Judicial Hearings with the Planning Commission holding the public hearing and making the decision for approval or denial of the preliminary plat based upon all preliminary map and plat filing requirements and Section 9.0.50.

6. Time Limit for Preliminary Plat Approval. Preliminary plat approval shall be null and void if the final map is not submitted to the City within one (1) year after the approval of the preliminary plat map, except when an extension has been granted by the Planning Commission.

7. Extension of Preliminary Plat Approval. Any extension on the time limit for preliminary plat approval of partitioning or subdivision beyond the time limits set forth in Section 9.0.40(E)(f) shall be requested in writing by the applicant along with the reasons why the applicant is requesting the extension. Any request for an extension shall be submitted prior to the date, but no earlier than 45 days prior to the date on which the preliminary plat approval will be null and void. The Planning Commission shall then be required to consider the extension request within 45 days of the anniversary date of the approval. The Planning Commission may grant one (1) year extensions of the approval of the preliminary plat beyond the original one year limitation when it is determined that there is sufficient reason to allow the extension due to circumstances beyond the control of the applicant.



2. Final Plat Approval.



a. Partitions that do not Involve the Creation of a Road.

The final plat of Partitions that do not involve the creation of a road may be administratively approved by the Planning Commission Chair provided that the City Manager/Recorder has deermined that the final plat conforms in all respects to the preliminary plat approved by the Planning Commission, and to Section 9.2.20, Final Plat Requirements. The signature of the City Planning Commission Chair on the Final Plat shall signify compliance with the requirements for preliminary plat approval with this ordinance, and with the Planning Commission’s conditions of approval.

b. Partitions that involve the Creation of a Road and Subdivisions.

i. Planning Commission Procedures. The Planning Commission shall consider the final plat in relation to the approved preliminary plat, and all of the final plat and map filing requirements at a regular Planning Commission meeting 45 days from the time that the City Manager/Recorder has deemed the final plat is complete. The Planning Commission shall recommend approval of the final plat provided that the final plat conforms in all respects to the preliminary plat approved by the Planning Commission, and to Section 9.2.20, Final Plat Requirements.. The signature of the City Planning Commission Chair on the Final Plat shall signify compliance with the requirements for preliminary plat approval with this ordinance and with the Planning Commission’s conditions of approval. Following Planning Commission approval, the final plat shall be forwarded to the City Council.

ii. City Council Procedures. The City Council’s consideration of the final plat is based upon the record, and is limited to assuring compliance with Section 9.0.60 Criteria for Final Approval of Partitions and Subdivisions. The Council’s responsibility is to assure that streets, alleys and other amenities that are proposed to be dedicated to the public use shall be dedicated without any reservation or restriction. Acceptance of all public improvements shall be by resolution of the City Council in compliance with Section 9.0.60(H - L).

The signature of the Mayor shall signify that the City Council has assured one of the following:

a Improvements as required by this ordinance have been completed prior to the Council’s acceptance of dedications and signing of the final plat, and a certificate of such has been filed with the Planning Commission; or

b. A Performance Bond has been filed with the City Manager/Recorder in sufficient amount to insure the completion of all required improvements.

iii. Signatures of County Officials. Following the approval by the Planning Commission and City Council, the applicant shall pay all required Douglas County filing fees, and obtain the required signatures as set forth in Section 9.2.20(H)(10), Final Map and Filing Information.

iv. Final Plat to City. Within seven days of recording the final plat, the applicant shall provide a Mylar copy of the plat to the City Recorder for the City Records.

vi. Time Limit for Filing of Final Plat Approval. Final plat approval shall be null and void after six months of the date that the City has provided all of their required signatures unless the final plat has been filed with the County Clerk of Douglas County, except when an extension has been granted by the City Council.

vii. Extension of Time for Filing. The applicant may request an extension of time for an additional six months if it can be shown in writing that sufficient circumstances exist that would cause delay of the project. Any extension on the time limit for filing with the County Clerk beyond the time limits set forth in Section 9.0.40(E)(2)(e) shall be requested in writing by the applicant along with the reasons why the applicant is requesting the extension. Any request for an extension shall be submitted prior to the date, but no earlier than 45 days prior to the date on which the final plat approval will be null and void. The City Council may grant a six month extension for filing beyond the original six month limitation when it is determined that there is sufficient reason to allow the extension due to circumstances beyond the control of the applicant. The City Council will review this request at a regular meeting and grant or deny the extension based upon the facts presented.

viii. Acceptance of Improvements. Approval of the final plat and acceptance of dedications shall not constitute acceptance by the City of public improvements or monumentation. Following the completion of all utility improvements, the applicant shall provide “as built” street and sanitary storm sewer plan and profiles and a Mylar of the certified post-monumentation plan to the City to be maintained for the record. City staff or professional engineers retained by the City shall make recommendations concerning acceptance of public improvements and monumentation.



5. Time Limit for Final Decision. The final decision, including any appeals to the City Council, on any applications applied for under this chapter, or submitted as part of a consolidated application shall comply with Section 8.0.140 Final Action on Applications for Permits, Zone Change Requests and Consolidated Applications.



6. Applicable Standards. Approval or denial for a partitioning or subdivision application shall be based upon the Comprehensive Plan and the standards and criteria that were applicable for that land use regulation at the time the application was submitted.



3. Effective Date of Final Decision. The effective date of the final decision for partitioning and subdivision preliminary and final plat approvals are set forth in Section 8.0.150 Effective Date of Final Decision.



4. Appeals. In the case of partitioning and subdivision, the Planning Commission’s decision on either the preliminary or the final plat may be appealed to the City Council. Appeal procedures are set forth in Section 8.0.180 Appeals.





9.0.50 Criteria for Preliminary Plat Approval of Partitions and Subdivisions.



A preliminary plat approval for partitioning or subdivision may be granted when the Planning Commission provides findings that all of the following criteria are met:



1. Compliance with ORS Chapter 92. Conformance with ORS 92 shall be a condition of all approvals.



2. Conformance to City Plans and Policies. All proposals shall conform with the intent of the Comprehensive Plan, and with provisions of this Ordinance, and other adopted plans and policies, taking into consideration existing and planned streets, parks and recreation areas, public facilities, and specific requirements of the underlying zone, any applicable overlay zone requirements, and all preliminary map and plat filing requirements.



3. Future Potential Redivision Plan. When partitioning or subdividing units of land into lots greater than twice the area of the minimum lot size allowed by the underlying zone in residential zones, or greater than one acre in commercial or industrial zones, or where the subdivision area includes only part of the unit of land in a single ownership, the Planning Commission shall find the following:



1. That the lots are of such size, shape and orientation as to facilitate future redivision in accordance with the requirements of the zone as set forth by the applicable zoning in this ordinance.



2. That street right-of-way alignments will be capable of serving future development of the property and connect to adjacent properties, including existing and planned rights-of-way to serve the property and adjacent properties.



4. Access to Lots. Each lot or parcel shall be capable of being served by a public or private road or street that provides satisfactory vehicular access to an existing street in compliance with Section 9.3.10 Design Standards.



5. Continuation of Existing Streets.



1. Abutting New Lots. Existing streets abutting new lots shall be continued through dedication of an easement, improvement of an existing right-of-way or dedication of improved right-of-way on the property, provided the requirement that is imposed on the applicant in regards to providing easements, right-of-way, or dedications of streets is roughly proportional in nature and extent to the impact that can result from the proposed partitioning or subdivision. The Planning Commission shall make findings as to the elements that make the easements, right-of-way, or dedications “roughly proportional” to the impacts of the partitioning or subdivision that is being allowed. The Planning Commission shall assure that any street that is proposed to be accepted as a dedicated street by the City shall connect directly to a City-maintained street. If proposed streets do not connect directly to City-maintained streets, the Planning Commission shall recommend that street dedications not be accepted for maintenance by the City.



2. Continuation of Street Existing in Adjoining Properties. A partition or subdivision that does not abut an existing street system shall provide for the continuation of a street in adjoining property through dedication of an easement, improvement of an existing right-of-way or dedication of improved right-of-way on the property. The Planning Commission shall make findings that the requirement that is imposed on the applicant in regards to providing easements, right-of-way, or dedications of streets is roughly proportional in nature and extent to the impact that can result from the proposed uses for the new lots, if and when fully developed. The number of lots that could ultimately be created, topography, lot size and shape, zoning requirements and the layout of properties within the vicinity are pertinent.



6. Need for Adequate Utilities. All lots created through partitioning and subdivision shall have adequate public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to prevent or minimize flood damage to the extent practicable.



7. Minimize Flood Damage. All partitions and subdivisions shall be designed based on the need to minimize the risk of flood damage. No new building lots shall be created entirely within a flood way. All new lots shall be buildable without requiring development within the flood way. Development in a 100-year flood plain shall comply with Federal Emergency Management Agency requirements, including filling to elevate structures above the base flood elevation. The applicant shall be responsible for obtaining such approvals from the appropriate agency before City approval of the final plat.



8. Determination of Base Flood Elevation. Where new lots are being created in or near areas prone to inundation, and the base flood elevation has not been provided or is not available from another authoritative source, the applicant shall provide the base flood elevation prepared by a licensed civil engineer certified and qualified to evaluate flood elevations. The person or team preparing the Flood Elevation Report shall be employed by the applicant.



9. Need for Adequate Drainage. All partition and subdivision proposals shall provide for adequate surface water drainage in compliance with the City of Glendale Public Works Standards adopted by the City Council. Water quality or quantity control improvements may be required.



9.0.60 Criteria for Final Plat Approval of Partitions and Subdivisions.



1. Conformity with Preliminary Plat. The partition or subdivision plat is in substantial conformity with the provisions of the preliminary plat for the subdivision or partition, as approved by the Planning Commission.



2. Private Streets, Roads and Accesses. Streets, roads and accesses held for private use and indicated on the preliminary plat of such partition or subdivision have been approved by the City.

10. Dedication of Property for Public Use. The partition or subdivision plat contains a dedication to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal and water supply systems, the donation of which was made a condition of the approval of the preliminary plat for the subdivision or partition.



11. Explanations of Common Improvements. Explanations of all common improvements required as conditions of approval of the preliminary plat of the partition or subdivision have been referenced on the partition or subdivision plat for recording.



12. Assurance of Domestic Water for Subdivision. The following shall be provided:



1. A letter of assurance from the City that there is sufficient capacity of City water to meet the needs of the subdivision.



2. A bond, irrevocable letter of credit, contract, or other assurance by the applicant to the City that a domestic water supply system will be installed by or on behalf of the applicant to the line of each lot in the proposed subdivision with the amount determined by a registered professional engineer, subject to any change in such amount as determined by the City Council.



3. Assurance of Sewage Disposal for Subdivision. The following shall be provided:



1. A certification by the City that sewage disposal is available in sufficient capacity to meet the needs of the subdivision.



2. A bond, irrevocable letter of credit, contract, or other assurance by the applicant that a sewage disposal system will be installed by or on behalf of the applicant to the lot line of each lot depicted in the proposed subdivision with the amount determined by a registered professional engineer, subject to any change in such amount as determined by the City Council.



4. Certification from Special Districts. A certification from any irrigation district, drainage district, water control district, water improvement district or district improvement company that appears to be located within the boundaries of the proposed partition or subdivision that the partition or subdivision is either entirely excluded from the district or company or is included within the district or company for purposes of receiving services and subjecting the subdivision or partition to the fees and other charges of the district or company.



5. Provision for Improvements. Improvements including streets, sidewalks, water distribution lines, sewage collection lines, land surface drainage electrical service, telephone service, T.V. cable service, fire protection service or any other service, utility or improvement required by the City as a condition of approval shall be the responsibility of each applicant in compliance with Section 9.3.10 Standards, Section 9.3.20 Construction of Improvements, and Section 9.3.30 Modification of Provisions.



It shall also be the responsibility of each applicant to complete such construction, installation or repair as a condition of, and prior to, final approval or recording of a subdivision plat or partition map for subject property. In the alternative, and subject to approval of the City Council prior to final plat approval, the applicant may enter into an agreement with the City, which agreement is hereinafter referred to as a “Subdivision Improvement Guarantee and Performance Bond,” which shall specify the following:



1. Specify the responsibilities of the applicant, and the date by which all required improvements and repairs shall be completed.



2. State that the agreement is for the benefit of the local government and not the ultimate purchasers of individual lots, units, or real estate interests.



3. State that the City staff and professionals retained by the City may come onto the property and inspect and complete work as necessary.



4. State that if the work is not completed by the date specified the City may recover as damages an amount equal to the amount of the improvement guarantee and performance bond as provided pursuant to a Subdivision Improvement Guarantee and Performance Bond described within this section.



5. State that the City of Glendale may at its own option complete all or part of any such improvements or repairs, and recover the full cost and expenses, and in either case shall have the right to collect from the applicant any court costs, attorneys’ fees or damages incurred by the City of Glendale by reason of failure of the applicant to provide all specified improvements, or by reason of any breach of any such subdivision improvement guarantee and performance bond as may be incurred in the collection of any amount due from said applicant to the City of Glendale, whether or not suit or action be commenced, including any costs or attorneys’ fees incurred in any appeal.



6. State that the applicant shall pay a fee to reimburse to the City of Glendale its costs and expenses in authorizing, preparing and administering any agreement in respect thereto, the amounts of which shall be determined from time to time by resolution of the City Council of the City of Glendale.



7. The agreement between the applicant and the City shall be in compliance with Section 9.0.50(I).



1. Improvement Guarantee and Performance Bond. If the City Council authorizes deferral of completion of improvements as provided in Section 9.0.50(H) Provision for Improvements, the applicant shall execute a subdivision improvement guarantee and performance bond in form approved by the City of Glendale, and in an amount at least equal to the cost of the improvements as estimated by the City Manager/Recorder, payment and performance of which will be secured by means of one or more of the following:



1. A guarantee upon such bond executed by a surety company authorized to transact business in the State of Oregon, in form and manner approved by the Glendale City Attorney.



2. A cash deposit, which may be in the form of a cash deposit deposited with the City of Glendale, or may be in the form of a certificate of deposit or other negotiable instrument for the payment of money, drawn on and payable on demand by, a bank or savings and loan association doing business in the State of Oregon, which certificate shall be approved by the City Manager/Recorder, and which shall be endorsed, assigned or otherwise irrevocably transferred to the City of Glendale and placed in the possession of the City of Glendale during the period in which it shall remain as security for such subdivision improvement guarantee and performance bond. The City may, in its discretion, require acknowledgment of such transfer from the issuer of such a certificate.



3. A duly recorded first mortgage upon real property having a value equal to at least 150 percent of the amount of such improvement guarantee and performance bond. It shall be the responsibility of such applicant to provide a mortgagee’s policy of title insurance and to pay any other expenses incurred with respect to the creation of such a mortgage interest.



4. At the option of the City Council, specify such other security as in its discretion the Council shall see fit.



10. Local Improvement District. Although the City of Glendale shall be under no obligation to form a local improvement district or otherwise to provide for the construction of such improvements, if the City of Glendale shall elect to permit the applicant to apply for the formation of a local improvement district for the construction of all or part of such improvements, and if such improvements shall be so constructed, and if the applicant shall elect to pay the cost of the improvements as assessed against each lot in installments under the Bancroft Act of the State of Oregon and the ordinances of the City of Glendale, then the obligation with respect to such portion of the improvements as are constructed shall be deemed wholly performed on the part of such applicant at such time as the City of Glendale shall adopt its ordinance assessing the cost of such improvements against the property thereby benefitted, thereby creating a duly subsisting assessment lien upon such benefitted property.

11. Certificate and Guarantee of Improvements. The City of Glendale shall not accept the responsibility for any improvements, nor release a subdivision improvement guarantee and performance bond, or any security therefor, until such time as a licensed professional engineer working at the discretion of the City Council, shall submit a certificate stating that the applicant has submitted a detailed “as built” engineering plan and survey of the subdivision, indicating location, dimensions, materials and other information as may be required by the City of Glendale. Notwithstanding such approval or acceptance, or the release of any subdivision guarantee and improvement bond or any security therefor, the applicant shall, and by proceeding with such project in accord with this ordinance does, for a period of one year following the submission of such a certificate, guarantee that such improvements and repairs are constructed and performed in a good and workmanlike manner, using first class materials, in accordance with all standards and requirements of the City of Glendale and all requirements and conditions imposed for the approval of the subdivision or partition by the Glendale City Planning Commission and the Glendale City Council.



12. Reduction in Security Upon Partial Completion of Improvements. The security for, or the amount of the obligation of any corporate surety providing a guarantee upon, any subdivision improvement guarantee and performance bond, may be reduced, at the discretion of the City of Glendale upon approval of the City Council, prior to completion and dedication of all such improvements, if a portion shall be satisfactorily completed. Such reduction shall be in the same proportion to the whole of the bond as the ratio of the improvements which have been satisfactorily completed and dedicated to the total cost of all such required improvements and repairs.



Partitioning



9.1.10 Partition Filing Requirements.



A. Preliminary Partition Map Requirements. The scale of the preliminary map shall be one inch equals 100 feet or multiples thereof, placed on a sheet size equal to final map requirements, and shall include the following:



1. North point, scale and date of the drawing.

2. Names and addresses of the land owner, the applicant, the surveyor and other involved professionals.

3. The boundaries (accurate in scale) of all adjacent property under the same ownership as the land that is proposed to be partitioned.

4. Proposed parcels, parcel size, dimensions, boundaries, and parcel numbers. Where parcels are to be used for purposes other than residential, it shall be indicated on such parcels.

5. The names of adjacent developments, or the names of recorded owners of adjoining parcels or unsubdivided land adjacent to the proposed partition.

6. The location, widths and names of existing or platted streets or other public ways within the proposed partitioning, as developed in accordance with these regulations.

7. Dimensions and layout of streets adjacent to the property proposed for partitioning with streets and roads laid out so as to conform to the plats of subdivisions and partitions already approved for adjoining property as to width, general direction and all other respects.

8. Streets and roads held for private use clearly indicated with all reservations or restrictions relating to such private roads and streets set forth thereon.

9. Existing permanent buildings and an indication of those to be removed, railroad rights-of-way and other important features such as section lines.

10. Parcels of land intended to be dedicated for public use or reserved in the deeds for the use of property owners in the proposed partition, together with the purpose of conditions or limitations of such reservation if any.

11. Existing sewers, water mains, culverts, drainage ways or other underground utilities or structures within the partition or immediately adjacent thereto, together with pipe sizes, grades and locations.

12. Existing and proposed easements together with their dimensions and purpose.

13. The tax lot number and the Section, Township and Range in which the property is located.

14. Predominant natural features such as water courses and their flows, marshes, rock outcropping, and any limitations to development such as topography, areas subject to flooding, geologic hazards, drainage channels and wetlands on property.

15. Existing zoning of the property and adjacent properties.

16. A conceptual re-division plan as defined in Section 9.0.40(C) shall be submitted which identifies how future potential lot division(s) that are not included as part of this application could occur, along with a statement that the future development plan is a conceptual plan that shall only be binding on the City or property owners as required through conditions of approval of the partitioning.



B. Written Preliminary Partition Requirements.



The written application shall include the following:



1. Existing and proposed uses of the property.

2. Copies of any requests for water, sewer and utilities.

3. Any site investigation report or other engineering report required by the underlying zone or any overlay zone due to slope hazards, flooding, or riparian resources.

4. Requests for any modifications of partitioning or subdivision criteria and standards with an explanation of the reasons why the modification is being requested as per Section 9.3.30 Modification of Provisions.



C. Final Partition Plat Requirements. The final partition plat survey, map and information to be submitted shall comply with Section 9.2.20 Final Plat Requirements.



Subdivision Platting



Section 9.2.10 Filing Requirements.



A. Scale. The preliminary plat shall show all pertinent information to scale. The drawing shall be on standard size sheets 18 inches by 27 inches, and at a scale of one inch equals 100 feet. The scale may be increased or decreased if necessary to fit the drawing to the required plat size of 18 inches x 27 inches, but in all cases the scale shall be standard, being 10, 20, 30, 40, 50 or 60 feet to the inch or multiples of ten of any one of these scales.



2. General Information. The preliminary plat shall, in clear and legible form, include the following information with respect to the proposed subdivision area, on the map where practicable, and otherwise on separate sheets of paper in written statements:

1. The proposed name of the proposed subdivision area, which shall conform to the standards set forth in ORS 92.090.

2. The date, north point and scale of the drawing.

3. Appropriate identification of the drawing as a preliminary plan map.

4. A description sufficient to define the location and boundaries of the proposed subdivision area, and of all adjacent property under the same ownership as the land that is proposed to be subdivided.

5. Existing zoning of the property and adjacent properties.

6. The names of all recorded owners of adjoining parcels or unsubdivided adjacent lands and the names of recorded plats of contiguous lands.

7. A vicinity/location map locating the subdivision area in the City and showing its relationship to the surrounding area.

8. The names and addresses of the land owner(s), the applicant, the surveyor or engineer and other professionals that are involved in developing the subdivision.

9. Proposed lots including size and dimensions and boundaries, and the existing and proposed uses of all lots included in the subdivision.

10. Important features such as section lines, section corners, City and urban growth boundary lines and monuments.

11. The names, location and dimensions of existing opened and unopened platted streets and other public ways and proposed right-of-way lines and grades for existing streets and projected streets on adjacent properties.

12. Dimensions, grades, and layout of streets proposed for the subdivision, with streets and roads laid out so as to conform to the requirements of this ordinance and to connect with the plats of subdivisions and partitions already approved for adjoining properties.

13. Streets and roads to be held for private use clearly indicated with all reservations or restrictions relating to such private roads and streets.

14. The elevations of all points used to determine contours with said points given to true elevation above mean sea level as determined by the County Surveyor. The base data used shall be clearly indicated and shall be compatible to City datum, if bench marks are not adjacent. The following intervals are required: 1) One foot contour intervals for ground slopes up to 5%; 2) Two foot contour intervals for ground slopes between 5% and 10%; 3) Five foot contour intervals for ground slopes exceeding 10%.

15. The radii of all curves.

16. Lot and block numbers.

17. Identification of any limitations to development such as topography, areas subject to flooding including the Base Flood or 100-year flood boundary as defined in Section 3.1.50, wetlands, geologic hazards including an outline of areas subject to the Slope Hazard Overlay as applicable in Section 3.2.20, identification of areas subject to Section 3.3.20 Riparian Overlay setbacks, drainage channels, and predominant natural features such as water courses and their flows, marshes and rock outcroppings.

18. Existing permanent buildings, and those proposed to be removed, railroad right-of-ways and other important features.



19. Existing and proposed sewers, water mains, culverts, drainage ways or other underground utilities or structures, and any designated reserve strips within or adjacent to the proposed subdivision, together with pipe sizes, grades and locations.

20. Parcels of land intended to be dedicated by the applicant for public use and the proposed uses including those reserved in the deeds for the use of property owners in the proposed subdivision, together with the purpose of conditions or limitations of such reservations.

21. The domestic and fire protection water system and source proposed to be installed.

22. All improvements proposed to be made or installed, and the time within which such improvements are proposed to be completed.

23. The section, township, range and tax lot number in which the property is located, and a legal description of the boundaries of the entire tract owned by the applicant of which the proposed subdivision is a part.

24. Proposals for electrical utilities.

25. Proposals for sidewalks.

26. Copies of proposed deed restrictions.



3. Other Written Information.



1. An explanation of existing and proposed uses of the property.

2. Copies of requests and any responses that have been received regarding the capacity for City water and sewer and requests for utilities.

3. Copies of any requests to the State Health Division in regards to certification for a water collection system, and to DEQ in regards to certification for a wastewater collection system.



4. Preliminary Plat Approval.

Following approval of the preliminary plat, the applicant may proceed with final surveying, and preparation of the final plat.



9.2.20 Final Plat Requirements.



A. Conformance with Preliminary Plat Map. The final plan map shall substantially conform to the provisions of the preliminary plat as approved by the Planning Commission.



2. Preparation. All maps shall be prepared by a professional land surveyor registered with the State of Oregon.



3. Format. All maps shall be drawn in a good quality of black ink, approved by the County Surveyor, on a transparent medium such as tracing linen, synthetic film, a good grade of tracing paper, or shall be a photographic reproduction of the original on linen or synthetic film and shall be 18 inches by 24 inches with a 3 inch extension at the left end (overall size shall be 18 inches by 27 inches) that is suitable for binding.



4. Scale. The map shall be drawn to a scale of one inch equals 100 feet or to such other scale, approved by the County Surveyor, as is necessary to fit the map on a sheet size of 18 inches by 24 inches.



5. Survey Accuracy.

1. The survey for the map shall be of such accuracy that the error of closure shall not exceed 1 foot in 5,000 feet. Any lesser accuracy shall be allowed only with the approval of the County Surveyor.

2. The dimensions shown on the map shall be of such accuracy that the error of closure on any portion shall not exceed 1 foot in 10,000 feet.



6. Measurements. The map shall contain the following measurements:

1. The boundary lines with distances and bearings, the exact location and widths of existing or recorded streets intersecting the boundary of the tract.

2. The length of arcs, radii, internal angles, lengths and bearings of the tangents and the length and bearings of chords.

3. The area of each parcel in either acres or square feet.



7. Monuments.

1. The map shall contain the location, material, and approximate size of all monuments which have been set. All monuments shall be set and referenced on the map before the map is offered for approval.

2. Monuments shall meet the specifications of the County Surveyor and shall be not less than those required by ORS 92.060.

3. If more than 50 percent of any parcel is located within a Flood Hazard Overlay, a permanent monument as approved by the County Surveyor, shall be set within the parcel above the regional flood level showing the elevation in feet above the mean sea level, unless an exception is allowed by the County Surveyor.

4. The person performing the survey work shall certify by affidavit that he has correctly surveyed and marked with proper monuments on the land as represented.



8. Final Map and Filing Information. The map shall contain the following general information:



1. Location of the parcel by township, range, section, and quarter section.

2. Names and addresses of the applicant/owner.

3. North point, scale and date.

4. Location and boundaries of the subdivision area.

5. The names of any streets intersecting or within the parcel.

6. The width and location of all existing easements for public utilities, and such easements being created, and also all reserve strips required by this ordinance or other City ordinances or as a condition of the Planning Commission, with ties to locate the easement with respect to the subdivision. If the easement is being dedicated by the map, it shall be properly referenced in the owner’s certificate of dedication.

7. The locations, names and widths and typical improvement cross sections of all platted streets or public ways existing within or adjacent to the proposed subdivision and of all streets being created; for streets on curvature, curve data shall be based upon the street center line. In addition to the center line dimensions, the radius and central angle shall be indicated.

8. The lot lines of all lots within the subdivision area, with dimensions and bearings shown.

9. Numbers designating each block beginning with #1 and continuing consecutively; Numbers designating each lot, with lots in each block beginning with #1, and continuing consecutively. Where the plat is an addition to a plat previously recorded, numbers of blocks and lots in consecutive continuation from such previous plat. All numbers shall be solid, and of sufficient size and thickness to stand out, and be so placed as not to obliterate any figure.

10. A tie to a section corner, quarter corner, donation land claim corner, parcel corner of a recorded partition, or lot corner of a recorded subdivision with the description and location of all permanent stakes, reference monuments, or other evidence found on the ground used to determine boundaries of the subdivision.

11. A designation of all areas covered by water, and the location, width, and direction of flow of all water courses.

12. A designation of all areas subject to overlay protection zones including the Flood Hazard Overlay (FHO), the Slope Hazard Overlay (SHO) and the Riparian Overlay (RO).

13. A designation of all area being dedicated by the applicant, including its proposed use, and an effective written dedication to distinguish property to be dedicated from lots intended for sale.

14. A copy of all protective deed restrictions proposed for the subdivision area shall accompany the final plat.

15. Any additional information made a condition of approval of the preliminary plat approval.

16. Copies of required certifications from any special districts within the boundaries of the subdivision.

17. Copies of certifications for the water collection system from the State Health Division, and from DEQ regarding the sewage collection system.

18. Copies of responses from all utilities that will be providing services.

19. Space for date and certifications of officials:



a. City Planning Commission Chair to certify compliance with planning requirements and conditions.

b. County Assessor to certify the applicant for the subdivision is the current owner, except that on partition plats no County Assessor signature is required.

c. County Tax Collector to certify that all taxes are paid in full.

8. County Surveyor to certify compliance with the platting laws the State of Oregon.

9. County Clerk Statement of Filing.

10. Mayor for City Council to certify that all streets, alleys, easements and other specified dedications have been accepted by the City.

11. Certification by an Oregon registered surveyor that the map has been correctly surveyed and properly monumented to comply with the requirements of ORS 92 and ORS 209.

12. Signatures of all parties having any record title interest in the land consenting to the preparation and recording of the map dedicating all land intended for public use.



Development and Design Requirements



Section 9.3.10 Design Standards.



A. Overlay Protection Zone. When properties within Overlay Protection Zones are proposed to be partitioned or subdivided, specific requirements of overlay protection zones shall apply in addition to all other requirements.



2. Sanitary Sewers. All lots within a subdivision shall be served by the sewage system of the City of Glendale. Collection facilities shall comply with the City of Glendale Public Works Design Standards, Section 4.0000 - Sanitary Sewers and with DEQ requirements.



3. Water. All lots within a subdivision area shall be served by the water supply system of the City of Glendale. Distribution facilities shall comply with the City of Glendale Public Works Design Standards, Section 5.0000 - Water Mains and with Oregon Health Division standards.

4. Streets and Alleys.



1. Generally. The applicant shall comply with all the requirements of the City of Glendale Public Works Design Standards, Section 6.0000 - Streets. The Planning Commission has the authority to require the development and continuation of adequate streets, including collector streets, local streets, and other streets to be dedicated to the public by the applicant, of such design and in such locations as necessary to facilitate provision for the transportation and access needs of the community and the subdivision area in accordance with this ordinance and the City’s Comprehensive Plan.



2. Special Safety Requirements. Where necessary to insure safety, reduce traffic hazards, and promote the welfare of the general public and residents of the subdivision area, the Planning Commission has the authority to require that local streets be so designed as to discourage their use by non-local traffic.



3. Width. Widths of street right-of-way and paving design for streets within the new subdivision shall be consistent with the adopted City of Glendale Public Works Design Standards - Section 6.0000 - Streets.





4. Continuation of Existing Street Abutting New Lots. A partition or subdivision that results in utilizing an existing street abutting new lots shall provide for the continuation of the existing street through dedication of an easement, improvement of an existing right-of-way, or dedication of improved right-of-way on the property. The widths of street right-of-way shall be the minimum width of right-of-way for such street existing along and adjacent to any boundary of the partition or subdivision area, and the requirement that is imposed by the Planning Commission on the applicant shall be roughly proportional in nature and extent to the impact that can result from the proposed uses for the new lots, if and when fully developed. The number of lots that are being created and that could ultimately be created, topography, lot size and shape, zoning requirements and the layout of properties within the vicinity are pertinent factors.



5. Continuation of Street Existing in Adjoining Properties. A partition or subdivision that does not abut an existing street system shall provide for the continuation of a street in adjoining property through dedication of an easement, improvement of an existing right-of-way or dedication of improved right-of-way on the property. The requirement that is imposed on the applicant in regards to providing easements, right-of-way, or dedications of streets shall be roughly proportional in nature and extent to the impact that can result from the proposed uses for the new lots, if and when fully developed. The number of lots that are being created and that could ultimately be created, topography, lot size and shape, zoning requirements and the layout of properties within the vicinity are pertinent factors.



6. Future Extension of Streets. Where the subdivision area is adjacent to land likely to be subdivided in the future, streets shall continue through to the boundary lines of the tract under the same ownership of which the subdivision area is a part, where the Planning Commission determines that such continuation is necessary to provide for the orderly subdivision of such adjacent land, or the transportation and access needs of the community.



7. Reserve Strips. The Planning Commission may require the applicant to create a reserve strip controlling the access to a street, to be placed under the jurisdiction of the City Council for the following reasons:



1. To prevent access to abutting land at the end of a street in order to assure the proper extension of the street pattern and the orderly subdivision of land lying beyond the street; or

2. To prevent access to the side of a street on the side where additional width is required to meet the right-of-way standards provided in the City of Glendale Public Works Design Standards, Section 6.0000 - Streets; or

3. To prevent access to land abutting a street of the subdivision, but not within the tract or parcel of land being subdivided; or

4. To prevent access to land unsuitable for building development.



8. Angles at Street Intersections. Streets shall intersect one another with angles and intersections as set forth in the City of Glendale Public Works Design Standards, Section 6.0014 - Intersections.



9. Topography. The layout of streets shall give suitable recognition to surrounding topographical conditions in accordance with the purpose of this Ordinance and the City of Glendale Public Works Design Standards.



10. Cul-de-sacs. Each cul-de-sac shall have a circular end with a minimum diameter of right-of-way width and paving as described in the City of Glendale Public Works Design Standards, or the Planning Commission may approve for hillside conditions, a hammerhead or ‘T’ end cul-de-sac for a noncontinuous aligning street not exceeding 1,000 feet providing there is an improved roadway of 20 feet.



11. Street Names. Street names shall comply with of the City’s ordinance providing for street naming and numbering and with the City of Glendale Public Works Design Standards, Section 6.0092 - Street Names and Traffic Control, and are subject to approval by the Planning Commission. Street names shall not unnecessarily duplicate or resemble the name of any existing or platted street in the City of Glendale or its surrounding area.



12. Grades and Curves. Unless otherwise approved by the Planning Commission because topographical conditions will not reasonably permit, grades and curves shall comply with the City of Glendale Public Works Design Standards, Sections 6.0020 - 6.0023.



E. Alleys.



1. Dedication. The Planning Commission may require alleys to be dedicated to the public by the applicants necessary to provide for the access needs of the community and the subdivision in accordance with the purposes of this ordinance.



2. Width. Width of right-of-way and paving design for alleys shall comply with the City of Glendale Public Works Design Standards, Sections 6.0130 - 6.0132, except that for an alley abutting land not in the subdivision, areas of a lesser width may be allowed at the discretion of the Planning Commission where the applicant presents a satisfactory plan whereby such alley could be expanded to the width otherwise required in the future.



3. Design for Alleyways. Unless otherwise approved by the Planning Commission where topographical conditions will not reasonably permit, design for alleyways shall meet the criteria set forth in the City of Glendale Public Works Design Standards, Sections 6.0131.



6. Block Length. Block length shall not exceed 1200 feet.



7. Access. Access to private property shall comply with the City of Glendale Public Works Design Standards, Section 6.0080.



8. Sidewalks and Pedestrian Ways. The Planning Commission shall require the applicant to comply with the City of Glendale sidewalk ordinance establishing rules and regulations pertaining to the installation and maintenance of sidewalks including handicapped ramps at all street intersections and with Public Works Design Standards, Section 6.0060 Sidewalks. Sidewalks or pedestrian pathways may be dedicated to the public or where authorized as part of a Planned Unit Development, maintained by a homeowners’ association.



9. Utilities.



1. Easements for Utilities. Dedication of easements for storm water sewers and for access for maintenance, in order to safeguard the public against flood damage and the accumulation of surface water, and dedication of easements for sanitary sewers, and for access for maintenance, and dedication of easements for other public utilities, shall be required of the applicant by the Planning Commission, along lot rear lines, lot side lines or elsewhere as necessary to provide needed facilities for present or future development of the area. Easements shall be in compliance with the City of Glendale Public Works Design Standards, Section 3.0024 - Easements. Easements for utility lines may be less than the required width when easements on abutting land not in the subdivision are a lesser width and the Planning Commission determines that the applicant has presented a satisfactory plan whereby such easement could be expanded to the width otherwise required in the future.



2. Underground Utility and Service Facilities. The Planning Commission may require that all utility lines including, but not limited to those required for electric, communication, lighting, cable television services and other related facilities be placed underground except surface-mounted transformers, surface-mounted connection boxes, meter cabinets, temporary utility service facilities used during construction, high capacity electric and communication feeder lines, and utility transmission lines operating at 50,000 volts or above. The applicant shall make all necessary arrangements with the serving utility to provide all services.



10. Lots Size and Frontage. Lot size requirements are set forth in the specific zones, except that a lot on the outer radius of a curved street or facing the circular end of a cul-de-sac shall have frontage of not less than 25 feet upon a street, measured on the arc. In the case of partitioning where either a public water supply or public sewers is not provided, lot size shall be sufficient to meet DEQ requirements.



1. Exceptions to Size and Frontage Requirements.



1. Subdivision Area Development As a Unit. The Planning Commission may at its discretion authorize the relaxation of the specified lot size and frontage requirements where the applicant presents a plan satisfactory to the Planning Commission under the requirements of Chapter 10 Planned Unit Development.

b. Land Zoned for Commercial or Industrial Use. The Planning Commission may at its discretion authorize relaxation of the lot size and frontage requirements specified herein in the case of land zoned for commercial or industrial use, where such relaxation is necessary in consideration of the suitability of the land for such use, and in accordance with the purpose of this ordinance.

3. Lot Retained for Future Subdivision. The Planning Commission may at its discretion waive lot frontage requirements where in its judgement a lot will be retained by the applicant, and future subdivision of such lot will be best protected by the creation of a reserve strip separating such lot from any street.

2. Key Lots and Butt Lots. There shall be no key lots or butt lots except where authorized by the Planning Commission where such lots are necessitated by unusual topographical conditions or a previous adjacent layout.



3. Lot Side Lines. As far as is practicable, lot side lines shall run at right angles to the street upon which the lots face, except that on curved streets they shall be radial to the curve.



4. Suitability for Intended Use. All lots shall be suitable for the purpose for which they are intended to be used. No lot shall be of such size or design as to be detrimental to the health, safety or sanitary needs of the residents of the subdivision area or of such lot, as determined by the Planning Commission in accordance with the purpose of this Ordinance.



5. Future Subdivision of Lots. When partitioning or subdivision results in an area of one acre or more, lots and streets shall be arranged to allow for further partitioning or subdivision and for future continuation of streets.



K. Storm Drainage. Storm drainage facilities shall be constructed by the applicant in accordance with the requirements of the City of Glendale Public Works Design Standards, Section 3.0000 - Storm Drainage. Storm drainage design shall manage runoff from all impervious surfaces that result from the uses that are planned for the subdivision including but not limited to streets, roofs and footings, so that the development serves as an extension of the drainage system of the entire drainage basin. The Planning Commission may require an applicant to provide for access through private property to reach an approved point of disposal through the dedication of public easements.



L. Railroads.



1. Crossings. Special requirements in addition to those set forth within the City of Glendale Public Works Design Standards, Section 5.0034 Railroad or Highway Crossings may be imposed by the Planning Commission, including but not limited to provisions for separation of street and railroad grades, in connection with any railroad crossing which will immediately affect the safety of the residents of the subdivision area, for the protection of such residents and the safety of the general public, and in accordance with the purpose of this ordinance.



2. Subdivision Area Adjacent to Right-of-Way. Where the subdivision area is adjacent to a railroad right-of-way, and the surrounding economic and physical conditions indicate such property is suitable to be used for industrial purposes in the future, the Planning Commission may require streets to be located at a sufficient distance from said right-of-way to allow for sites for industrial use adjacent to said right-of-way, or the Planning Commission may require a street to run approximately parallel to and on each side of such right-of-way with screen plantings adjacent to the railroad right-of-way.



13. Fire Hydrants. Fire hydrants shall be installed in compliance with City of Glendale specifications set forth in the City of Glendale Public Works Design Standards, Section 5.0032 - Fire Hydrants.



14. Bikeways. Bikeways or bike paths in the subdivision shall be installed and dedicated by the applicant. Bikeways and bike paths shall be in compliance with City-adopted plans for bikeways in the community and with the City of Glendale Public Works Design Standards, Sections 6.0070 - 6.0075.



15. Street Lighting. The applicant shall install street lighting in a pattern fitting the subdivision and according to the specifications of the City of Glendale Public Works Design Standards, Section 6.0091.

16. Street Signs. The developer is to install standard street traffic and regulatory signs and posts according to the specification of the City Glendale set forth in the City of Glendale Public Works Design Standards, Section 6.0092 - Street Names and Traffic Control.



17. Mailboxes. Joint mailbox facilities shall be provided in all residential developments as set forth within the City of Glendale Public Works Design Standards, Section 6.0100.



Section 9.3.20 Construction of Improvements.



1. Excavation and Grading. Excavation and grading shall comply with this ordinance and other City ordinances requiring bonds or other security as a condition for the construction of public improvements requiring the restoration of public right-of-ways, and with the City of Glendale Public Works Design Standards, Section 2.0000 - Excavation and Grading, and with bonding requirements set forth in Section 9.0.60(H) of this ordinance.



2. Construction Plans. Prior to final plat approval and the initiation of any construction work, the applicant shall submit construction plans, specifications and all other documents required by the City of Glendale Public Works Design Standards, Sections 1.0090 - 1.0164 and this ordinance for the City Engineer’s approval.





3. Inspections. Inspections shall be carried out as set forth in the City of Glendale Public Works Design Standards, Section 7.0020 - 7.0031(a).



Section 9.3.30 Modification of Provisions.



1. Application for Modification of Provisions.



1. Time for Submitting Application. Concurrently when submitting a preliminary partitioning plat map or final partitioning plat map, to the City Manager/Recorder for Planning Commission or City Council consideration and approval, an applicant may submit an application for a modification (relaxation of requirements) of the provisions in Section 9.3.10 or other provisions of this ordinance.



2. Contents of Application. An application for a modification shall be a written petition stating the provision sought to be modified and stating facts that support the criteria set forth in Section 9.3.30(3) Criteria for Granting Modifications.



3. Criteria for Granting Modifications. In granting modifications to the standards set forth in this ordinance, the decision making body shall make findings that all of the following conditions exist.



1. There are special conditions inherent in the property due to topography, location, configuration or previous layout of the subdivision area or neighboring area or physical difficulties in providing municipal services which would make strict compliance with the requirements of Section 9.3.10 an unreasonable hardship, or deprive the property of a valuable natural resource, or have an adverse effect on the public health, safety and welfare.

2. The modification is necessary for the proper development of the partitioning or subdivision and the preservation of property rights and values.

3. It is unlikely that the modification will have adverse effect on the public health, safety, and welfare, or on the comfort and convenience of owners and occupants of land within and surrounding the proposed partition or subdivision.

4. Each specific modification shall be considered separately, and no modification shall be granted if, taken together with other requested modifications, the cumulative effect would be to subvert the purpose expressed in this ordinance.

2. Authority for Approving Modifications.



1. Modifications of standards for improvements are under the jurisdiction of the Planning Commission at the time of preliminary plat approval.



2. Modifications of standards for specific improvements are under the jurisdiction of the City Council at the time that the Council considers final plat approval in order to approve dedications and at the time that the Council is asked to accept improvements. In making their decision, the City Council shall consider the recommendations of the Planning Commission, and any circumstances that may have changed from the time of the Planning Commission recommendation.



3. The Planning Commission and the City Council shall make findings to support their decision to allow or deny modifications of standards under Section 9.3.30.



3. Refusal to Allow Modification. If a modification is not approved as provided in Section 9.3.30, the application for modification shall be deemed to have been denied and the Planning Commission or City Council shall proceed under the standards provided in this ordinance.



Section 9.3.40 Site Preparation



No site preparation work may take place until all improvement agreements have been executed, except as authorized by the Public Works Superintendent.



Section 9.3.50 Building Permit Issuance



When the final plat has been filed, and when the City has a Mylar of the plat with all the signed approvals and all provisions for improvements have been assured or approved through an Improvement Guarantee and Performance Bond in conformance with Section 9.0.60, verification letters for building permits may be issued by the City Manager/Recorder. The applicant shall be required to present written verification from the public works superintendent that sewer and water service is available to subject lots.