Subdividing, Partitioning and Property Line Adjustments by nit66238

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									                        Tualatin Development Code                             36.010

                           Chapter 36
    Subdividing, Partitioning and Property Line Adjustments
Sections:                                  36.276 Recording of Partition Plat.
36.010 Title.
36.020 Authority and Purpose.                   PROCEDURE FOR PROPERTY
36.030 Jurisdiction.                                LINE ADJUSTMENT.
36.040 Enforcement and Penalties.          36.310 Approval Required.
36.050 Interpretation, Conflict and        36.320 Applications and Filing Fee.
       Rules of Construction.              36.330 Review Process.
36.060 Variances, Minor Variances and      36.340 Decision.
       Exceptions.                         36.350 Requests for Review.
36.070 Land Divisions and Property         36.360 Survey Map.
       Line Adjustments.                   36.370 Final Approval.
36.080 Approval of Streets and Ways.       36.380 Recording of Survey Map by
36.090 Issuance of Building Permits.              County Surveyor.

    PROCEDURE FOR SUBDIVIDING                           LOT REQUIREMENTS.
36.110 Approval Required.                  36.410      Double Frontage and Reverse
36.120 Applications and Filing Fee.                    Frontage.
36.130 Phasing.                            36.420      Existing Structures and
36.140 Review Process.                                 Appurtenances.
36.160 Subdivision Plan Approval.          36.430      Large Lots.
36.161 Requests for Review of              36.440      Monuments.
       Subdivision and Partition           36.450      Side Lot Lines.
       Decision                            36.460      Size and Shape.
36.162 Modifications to Subdivision        36.470      Frontage on Public Streets
       Plan Approval.
36.170 Subdivision Plat.                   Section 36.010          Title.
36.172 Information on Subdivision Plat.      This Chapter may be cited as the "Land
36.174 Agreement for Public                Division Chapter" of the Tualatin Develop-
       Improvements.                       ment Code. [Ord. 590-83 §1, 04/11/83; Ord. 1009-98 §9, 11/9/98.]
36.176 Approval of the Subdivision Plat
       by the City.                        Section 36.020      Authority and Pur-
36.178 Recording of Subdivision Plat.      pose.
                                              (1) This Chapter is adopted pursuant to
   PROCEDURE FOR PARTITIONING.             the authority delegated to the City of Tuala-
36.210 Approval Required.                  tin under the Oregon Constitution Article XI,
36.220 Applications and Filing Fee.        Section 2; ORS Chapters 92 and 197; and
36.230 Review Process.                     the City of Tualatin Charter of 1967, as
36.240 Final Decision.                     amended.
36.242 Modifications to Final Decision.       (2) The purpose of this chapter is to pro-
36.250 Requests for Review.                tect the public health, safety and general
36.270 Partition Plat.                     welfare while allowing for efficient develop-
36.272 Information on Partition Plat.      ment of property and to implement the re-
36.274 Approval of Partition Plat by       quirements of the Tualatin Development
       City.

                                  36 - 1                          (Revised 06/10)
                                            Tualatin Development Code                                        36.030

Code, City Ordinances and other applicable                        contrary to the subdivision or partition plat,
regulations.                                                      or the survey map of the property line ad-
   (3) The provisions in this Chapter shall be                    justment, is unlawful and a civil infraction.
administered to ensure orderly growth and                         [Ord. 590-83 §1, passed April 11, 1983.]
development and shall implement and facili-
tate the provisions in the Tualatin Commu-                        Section 36.050     Interpretation,                  Conflict
nity Plan, Tualatin Community Map and                             and Rules of Construction.
capital improvement plans. [Ord. 590-83 §1, passed                   (1) The provisions of this Chapter shall
April 11, 1983; Ord. 954-95 §1, passed Dec. 11, 1995.]            be interpreted and applied as the minimum
                                                                  requirements. Requests for interpretations
Section 36.030          Jurisdiction.                             of the provisions of this Chapter shall be as
   (1) The provisions in this Chapter shall be                    set forth in TDC 31.070.
applicable throughout the City.                                      (2) Where the conditions imposed by or
   (2) Except as otherwise provided in this                       under any provisions of this Chapter appear
section, subdivision and partition applica-                       to conflict with conditions imposed by any
tions which have received approval from                           other provisions of this Chapter or of any
the City, and subdivision and partition ap-                       other applicable law, ordinance, resolution,
plications submitted prior to the effective                       rule or regulation of any kind, the method or
date of this Chapter, for which a complete                        condition which imposes the more restric-
application together with applicable fees                         tive or higher standard or requirement shall
has been received, shall not be subject to                        be construed as governing.
the requirements of this Chapter, but shall                          (3) Unless this Chapter indicates other-
comply with the requirements of the Subdi-                        wise the principles of statutory construction
vision Ordinance, Ordinance Number 176-                           contained in ORS 174.040 (severability),
70, as amended. All applications submitted                        174.100 (definitions), 174.110 (singular or
on or after the date this Chapter becomes                         plural number, masculine, feminine or neu-
effective shall be subject to the provisions                      ter gender), and 174.120 (computation of
of this Chapter. Requests for extensions,                         time) are adopted and incorporated by this
replats and modifications of the subdivision                      reference. [Ord. 590-83 §1, 04/11/833.]
or partition plan approval, or property line
adjustment applications, which are received                       Section 36.060        Variances, Minor Va-
by the City after the effective date of this                      riances and Exceptions.
Chapter shall be subject to the require-                             (1) When necessary, variances and mi-
ments of this Chapter.                                            nor variances to the requirements set forth
   (3) Unless otherwise specified the re-                         in this Chapter shall be in accordance with
quirements of this Chapter shall apply to                         TDC Chapter 33.
subdivisions, partitions and property line                           (2) For subdivisions and partitions, the
adjustments. [Ord. 590-83 §1, 04/11/83.]                          variance or minor variance shall be consi-
                                                                  dered as part of the subdivision or partition
Section 36.040        Enforcement and Pe-                         approval process. Variances in conjunction
nalties.                                                          with a subdivision or partition shall be de-
   (1) The City Engineer shall be responsi-                       cided by the City Council. Minor variances
ble for enforcement of the provisions of this                     in conjunction with a subdivision or partition
Chapter.                                                          shall be decided by the City Engineer.
   (2) A violation of any of the provisions of                       (3) For property line adjustments the va-
this Chapter, or offering to sell, contracting                    riance shall be considered and decided at
to sell or selling land or an interest in land,                   any time prior to the decision being issued
contrary to the provisions of this Chapter, or                    and the minor variance shall be considered
                                                         36 - 2                              (Revised 06/10)
                                           Tualatin Development Code                                 36.070

and decided as part of the City Engineer’ s                                   (3) Approval of the subdivision or parti-
decision for the property line adjustment.                                 tion plat by the City shall constitute accep-
[Ord. 590-83 §1, passed April 11, 1983; Ord. 1009-98 §10, passed Nov. 9,   tance of all public rights-of-way, reserve
1998; Ord. 1096-02 §16, Jan 28, 2002.] (Ord. 1096-02, Amended,             strips, easements, tracts and accessways
01/28/2002)
                                                                           shown thereon, as well as public facilities
                                                                           located therein. [Ord. 590-83 §1, 04/11/83.]
Section 36.070         Land Divisions and
Property Line Adjustments.                                                 Section 36.090         Issuance of Building
   (1) All land divisions shall be created by a                            Permits.
subdivision or partition plat and must comp-                                  (1) Except as provided in subsection (5)
ly with ORS Chapter 92 and this Chapter.                                   of this section no building permit or permits
   (2) All property line adjustments shall be                              to connect to City utility services shall be is-
executed by deed and must comply with                                      sued for lots within a subdivision or partition
ORS Chapter 92 and this Chapter.                                           plat until the City Engineer has determined
   (3) No subsequent land division or prop-                                that the corresponding public improvements
erty line adjustment shall be approved on                                  are substantially complete to assure that
the same lot or parcel until the previously                                the health and safety of the citizens will not
approved land division or property line ad-                                be endangered from inadequate public fa-
justment has been filed and recorded in ac-                                cilities.
cordance with the provisions of this Chap-                                    (2) Subject to submittal and approval of,
ter, or the previous approval is withdrawn,                                and compliance with, the subdivision plan,
modified or otherwise invalidated.                                         as well as sufficient security to assure com-
[Ord. 590-83 §1, 04/11/83.]
                                                                           pletion of the public portions of the subdivi-
                                                                           sion, the applicant or individual lot owners
Section 36.080        Approval of Streets                                  within the subdivision may receive a build-
and Ways.                                                                  ing permit or utility service for not more than
   (1) The subdivision or partition plat shall                             50 percent of the platted lots within the
provide for the dedication of all public                                   subdivision prior to:
rights-of-way, reserve strips, easements,                                          (a) the completion of all required pub-
tracts and accessways, together with public                                lic improvements in accordance with the
improvements therein approved and ac-                                      Public Works Construction Code; and
cepted for public use.                                                             (b) the acceptance of the public im-
       (a) The applicant shall comply with                                 provements by resolution of the City Coun-
the requirements of TDC Chapter 74, Public                                 cil.
Improvement Requirements.                                                     (3) No building permits shall be issued or
       (b) The applicant shall comply with                                 utility service approved for any lot which to-
the design and construction standards set                                  gether with previously approved lots would
forth in the Public Works Construction                                     exceed 50 percent of the platted lots within
Code.                                                                      the subdivision until:
       (c) The applicant shall provide evi-                                        (a) all required public improvements
dence to the City that property intended to                                have been completed in accordance with
be dedicated to the public is free of all liens,                           the Public Works Construction Code; and
encumbrances, claims and encroachments.                                            (b) the public improvements have
   (2) The subdivision or partition plat shall                             been accepted by resolution of the City
indicate the ownership and location of pri-                                Council.
vate easements and tracts, and the owner-                                     (4) City approval for use of a public im-
ship and location of private improvements                                  provement prior to the final approval and
within public rights-of-way and easements.                                 acceptance by the City of the subdivision
                                                              36 - 3                        (Revised 06/10)
                                         Tualatin Development Code                                36.110

plat shall not be construed as a release or                             Section 36.120           Applications and Fil-
waiver of any security which has been filed                             ing Fee.
to assure compliance with the subdivision                                  (1) A request for a Subdivision shall be
plan approval or any related agreements.                                subject to a Neighborhood/Developer Meet-
     (5) For a subdivision or partition in                              ing pursuant to TDC 31.063.
commercial, institutional, or manufacturing                                (2) The applicant shall discuss the prelimi-
planning districts or multi-family residential                          nary plans with the City Engineer in a pre-
developments which require Architectural                                application conference prior to submitting an
Review approval, the City Engineer may                                  application. An applicant for a subdivision
authorize building permits to be issued prior                           shall conduct a Neighborhood/Developer
to the public improvements being substan-                               Meeting subject to TDC 31.063. Following
tially complete provided the following condi-                           the pre-application conference and the
tions are satisfied:                                                    Neighborhood/Developer Meeting, the appli-
       (a) A Public Works Permit for the pub-                           cant shall prepare and submit a City of Tua-
lic improvements has been issued;                                       latin development application, available from
       (b) An Architectural Review for the                              the City Engineer.
development has been approved;                                             (3) The application shall contain:
       (c) The subdivision or partition plat is                                (a) the proposed plat name, approved
recorded;                                                               by the County Surveyor;
       (d) All easements and dedications re-                                   (b) the names, addresses and tele-
quired of any development approval have                                 phone numbers of the property owners and
been recorded; and                                                      applicants, and when applicable, the name
       (e) Such building permits are condi-                             and address of the design engineer or sur-
tioned to deny occupancy until the public                               veyor;
improvements in the subdivision are com-                                       (c) the signatures of the property own-
plete and are accepted by resolution of the                             ers and applicants; and
City Council. [Ord. 590-83 §1, passed April 11, 1983. Amended                  (d) the site location by address and
by Ord. 1016-99 §1, Passed April 12, 1999; Amended Ord. 1216-06, July   current County Tax Assessor's map and tax
24, 2006 .]                                                             lot numbers.
                                                                               (e) A description of the manner in
PROCEDURE FOR SUBDIVIDING                                               which the proposed division complies with
Section 36.110        Approval Required.                                each of the expedited criterion for an Expe-
   (1) No land may be subdivided or replatted                           dited Subdivision Application.
except in accordance with this Chapter and if                                  (f) If a variance or minor variance is re-
a variance or minor variance is requested to                            quested to the dimensional standards of the
the dimensional standards of the lots, or the                           lots, or the minimum lot size, adequate in-
minimum lot size, in accordance with the ap-                            formation to show compliance with the ap-
proval criteria in TDC Chapter 33.                                      proval criteria in TDC Chapter 33.
   (2) The procedure for review and action on                                  (g) A "Service Provider Letter" from
subdivision applications, and requested va-                             Clean Water Services indicating that a
riances and minor variances, is intended to                             "Stormwater Connection Permit" will likely be
provide orderly and expeditious processing                              issued.
of such applications and to require conditions                                 (h) The information on the Neighbor-
of development approval to protect the                                  hood/Developer Meeting specified in TDC
health and safety of the citizens. [Ord. 590-83 §1,                     31.063(10).
04/11/83; Ord. 1009-98 §11, 11/9/98; Ord. 1096-02 §17, 01/28/02; Ord.          (i) If a railroad-highway grade crossing
1096-02, 01/28/2002.]
                                                                        provides or will provide the only access to
                                                                        the subject property, the applicant must in-
                                                           36 - 4                        (Revised 06/10)
                             Tualatin Development Code                         36.120

dicate that fact in the application, and the        proposed streets on the subject property and
City must notify the ODOT Rail Division and         within three hundred feet of the site;
the railroad company that the application                   (j) an outline plan demonstrating that
has been received.                                  the adjacent property can be divided in the
   (4) The subdivision application shall be         future in a manner that is consistent with the
submitted to the City Engineer, along with:         subdivision plan, and illustrating the connec-
       (a) the subdivision plan;                    tions to transit routes, pedestrian and bike
       (b) preliminary utility plans for streets,   facilities, and accessways to adjacent prop-
water, sanitary sewer and storm drainage;           erties;
       (c) a black and white 8&1/2" x 11" site              (k) easements, including location, width
plan suitable for reproduction;                     and purpose of all recorded and pro-posed
       (d) a completed City fact sheet;             easements in or abutting the site;
       (e) a Clean Water Services Service                   (l) public utilities, including the approx-
Provider letter; and                                imate location, size and grade of all existing
       (f) other supplementary material as          and proposed sanitary sewers, the approx-
may be required, such as:                           imate location, size and grade of on-site and
              (i) deed restrictions; or             off-site storm drainage lines, and the approx-
              (ii) for all nonbuildable areas or    imate location and size of water lines;
tracts to be dedicated or reserved for public               (m) flood areas, including the location
use, a statement of ownership, use, cove-           of any flood plain, drainage hazard areas
nants, conditions, limitations and responsibili-    and other areas subject to flooding or pond-
ty for maintenance.                                 ing;
   (5) The following general information shall              (n) natural resources, including the lo-
be shown on the subdivision plan:                   cation of natural features, such as rock out-
       (a) appropriate identification clearly       croppings, wetlands, water courses, creeks,
stating the map is a subdivision plan;              wooded areas and trees having a trunk di-
       (b) proposed plat name, approved by          ameter of eight inches or greater, as meas-
the County Surveyor;                                ured at a point four feet above ground level,
       (c) the names, addresses and tele-           proposed to be removed and to be retained
phone numbers of the property owners and            on site;
applicants, and when applicable, the name                   (o) approximate lot dimensions, includ-
and address of the design engineer or sur-          ing all existing property lines and their
veyor;                                              lengths and the approximate location and
       (d) the date the plan was prepared;          dimensions of all proposed lots;
       (e) north arrow;                                     (p) approximate area of each lot;
       (f) scale of drawing;                                (q) proposed lot numbers;
       (g) location of the subdivision by 1/4               (r) existing structures, including the lo-
Section, Township and Range;                        cation and present use of all structures, wells
       (h) existing streets (public and private),   and septic tanks on the site and an indication
including location, name, centerline, right-of-     of which structures, wells and septic tanks
way and pavement width on and abutting the          are to remain after platting; indicate all City-
site, and the location of existing and pro-         designated historic landmarks;
posed access points;                                        (s) all lots and tracts of land intended to
       (i) proposed streets (public and pri-        be dedicated or reserved for public use;
vate), including location, centerline, right-of-            (t) a vicinity map showing a minimum
way and pavement width, approximate ra-             one- mile radius;
dius of curves and approximate grades of

                                          36 - 5                      (Revised 06/10)
                             Tualatin Development Code                                        36.130

       (u) contour lines with intervals at a min-          (b) The City Engineer may subsequent-
imum of two feet for slopes up to five percent       ly require correction of any information found
and five feet for slopes over five percent; and      to be in error or submission of additional in-
       (v) other information required by the         formation not specified in this Chapter, as the
City Engineer.                                       City Engineer deems necessary to make an
   (6) The subdivision application shall be          informed decision.
accompanied by a nonrefundable fee as es-               (11) The City Engineer shall prepare the
tablished by City Council resolution. The            standard form of Development Application
subdivision application shall not be accepted        for subdivision plans, including provisions
until the fee has been paid to the City. This        which will best accomplish the intent of this
fee does not apply towards any building              section. [Ord. 590-83 §1, 04/11/83; Ord. 931-94 §3, 09/12/94; Ord. 933-
permit or other fees that may later be re-           94 §12, 11/28/94; Ord. 954-95 §2, 12/11/95; Ord. 1009-98 §12, 11/9/98; Ord.
                                                     1070-01 §6, 04/9/01; Ord. 1096-02 §18, 01/28/02; .Ord. 1157-04,,
quired.
                                                     03/08/2004; Ord. 1149-03,10/13/2003; Ord. 1096-02, 01/28/2002; Ord.
   (7) The applicant shall submit, along with        1070-01, 04/09/2001; Ord. 1304-10 §19, 06/14/10.]
the subdivision application:
       (a) A list of mailing recipients pursuant     Section 36.130           Phasing.
to TDC .31.064(1).                                      (1) Subject to the approval by the City pur-
       (b) Proof of sign posting pursuant to         suant to this section, an applicant may create
TDC 31.064(2).                                       a subdivision plat or construct the public im-
   (8 Unless otherwise specified in the subdi-       provements for a subdivision plat in phases.
vision application, or approval, or in express       If the applicant intends to utilize this phasing
direction from the City Engineer, any material       option the applicant shall submit a phasing
submitted by the applicant with a subdivision        plan to the City Engineer for approval with
application which exceeds the TDC require-           the subdivision application and plan. The City
ments shall be considered a part of the sub-         Engineer shall determine the timing of the
division plan approval.                              completion of the public improvements and
   (9) The applicant has the burden of de-           the conditions of development.
monstrating compliance with the applicable              (2) The applicant shall construct all public
development regulations.                             improvements in each phase.
   (10) The applicable time period for action                (a) Prior to issuance of building permits
on the subdivision application shall not             in a particular phase, the public improve-
commence until the City Engineer has de-             ments necessary to provide adequate public
termined that the application is complete.           facilities for the particular phase shall be
       (a) If the City Engineer fails to make        substantially complete.
such determination of completeness within                    (b) When the City Engineer has deter-
30 days of the date of its submission, or re-        mined the public improvements in the partic-
submission, the subdivision application shall        ular phase are substantially complete and
be deemed complete upon the expiration of            prior to acceptance of the improvements by
the 30-day period for purposes of commenc-           the City, the City may issue 50 percent of the
ing the applicable time period, unless:              building permits prior to acceptance of the
              (i) the application lacks informa-     improvements by the City as set forth in TDC
tion required to be submitted; or                    36.174.
              (ii) the required fees have not                (c) The public improvements shall first
been submitted; or                                   be accepted by resolution of the City Council
              (iii) the City Engineer has notified   before building permits exceeding 50 percent
the applicant in writing of the deficiencies in      may be issued in a particular phase.
the application within 30 days of submission
of the subdivision application.
                                           36 - 6                               (Revised 06/10)
                                            Tualatin Development Code                               36.140

       (d) Public improvements may be sub-                                shall be raised in writing prior to the expira-
mitted for City acceptance by phase.                                      tion of the comment period. Issues shall be
   (3) The subdivision plan approval for the                              raised with sufficient clarity and detail to en-
first phase shall expire 24 months from the                               able the decision maker to respond to the is-
date of subdivision plan approval by the City                             sue and state how a person may be adverse-
Engineer. Future phases shall expire 24                                   ly affected by the proposal;
months after the date of recording of the                                        (c) list the applicable criteria by code
subdivision plat of the immediately preceding                             section for the decision;
phase. [Ord. 590-83 §1, 04/11/83; Ord. 1009-98 §13, 11/9/98; Ord. 1058-          (d) include the street address or other
00 §1, 09/25/00; Ord. 1096-02 §19, 01/28/02; Ord. 1096-02, 01/28/200.])   easily understood geographical reference to
                                                                          the subject property;
Section 36.140          Review Process.                                          (e) state the place, date and time that
   (1) Review of subdivision applications shall                           comments are due, and that comments are
be a limited land use decision process. Be-                               due no later than 5:00 pm on the fourteenth
fore approval may be granted on a subdivi-                                calendar day after notice was sent;
sion application, the City Engineer shall first                                  (f) state that copies of all evidence re-
establish that the subdivision proposal con-                              lied upon by the applicant are available for
forms to the Tualatin Development Code and                                review, and can be obtained at cost;
applicable City ordinances and regulations,                                      (g) state of the local government con-
and requested variances or minor variances                                tact person and telephone number; and
to the dimensional standards of lots or the                                      (h) briefly summarize the local deci-
minimum lot size, conform with the approval                               sion-making process for the limited land use
criteria in the TDC Chapter 33. Failure of the                            decision being made.
proposal to conform is sufficient reason to                                  (4) Failure of a person or agency to re-
deny the application.                                                     ceive the notice required in TDC 36.140(2)
   (2) After the subdivision application is                               shall not invalidate any proceeding in con-
deemed complete, the City Engineer shall                                  nection with the application, provided the City
provide written notice of the application to                              can demonstrate by affidavit that notice was
and invite comments from:                                                 given in accordance with this section.
       (a) potentially affected governmental                                 (5) Comments must be received by the
agencies such as the school district in which                             City Engineer within 14 calendar days of the
the subdivision is located, the fire district, the                        date the notice was mailed. Signed com-
Oregon Department of Transportation, Tri-                                 ments shall be in writing. Comments must
Met, Clean Water Services and Washington                                  raise issues with sufficient detail and clarity
or Clackamas County;                                                      to enable the decision-maker to respond to
       (b) utility companies;                                             the issue. Requests for review may be made
       (c) City departments; and                                          only by parties who submitted written com-
       (d) recipients pursuant to TDC                                     ments and may be adversely affected by the
31.064(1).                                                                decision within the 14 calendar-day period.
   (3) The notice sent in TDC 36.140(2)                                      (6) Prior to making a decision, the City En-
shall:                                                                    gineer may conduct one or more review
       (a) state that written comments shall be                           meetings with the applicant, governmental
submitted within 14 calendar days of the                                  agencies, utility companies and any other in-
mailing date of the notice in order to be con-                            terested parties.
sidered as a basis for a request for review;                                 (7) The approval of a subdivision applica-
       (b) state that issues which may provide                            tion shall not automatically grant other ap-
the basis for a request for review to the City                            provals that may be required by the Devel-
Council and Land Use Board of Appeals                                     opment Code or City ordinances. However, a
                                                               36 - 7                      (Revised 06/10)
                                             Tualatin Development Code                                                36.160

decision on a requested minor variance to                                      made available to serve the proposed sub-
the dimensional standards of lots or the min-                                  division.
imum lot size, shall be included in the subdi-                                        (2) The City Engineer may approve,
vision decision.                                                               approve with conditions, or deny the applica-
   (8) Approval or denial of a subdivision                                     tion based upon demonstrated compliance
shall be based upon and accompanied by a                                       with applicable City regulations. The City
brief statement that                                                           Engineer's decision shall be supported by
       (a) explains the criteria and standards                                 written findings and reasons for the decision.
considered relevant to the decision;                                           Findings and reasons may consist of refer-
       (b) states the facts relied upon in mak-                                ences to the applicable Development Code,
ing the decision; and                                                          ordinance provisions, or special studies. The
       (c) explains the justification for the de-                              decision shall also include an explanation of
cision based on the criteria, standards and                                    the rights of each party to request a review of
facts set forth.                                                               the decision.
   (9) Notice of the decision shall be provided                                   (3) One copy of the subdivision plan and
to the applicant, property owner, and any                                      decision shall be filed with both the City Re-
person who submitted written comments                                          corder and the City Engineer.
within the 14 calendar-day comment period.                                        (4) The decision of the City Engineer on a
Notice of the decision shall include a descrip-                                subdivision shall become final 14 calendar
tion of rights to request a review of the deci-                                days after the date the notice of the decision
sion.                                                                          is given, unless written request for review is
   (10) When the City Engineer determines                                      sought.
that a complete application for a proposed                                        (5) The approval for the subdivision shall
development raises a substantial question                                      expire 24 months from the date the decision
over Code requirements, size, location or                                      becomes final.
complexity and is likely to raise concern from                                    (6) A subdivision plan approval may in-
a substantial portion of nearby property own-                                  clude restrictions and conditions. These re-
ers or residents, the City Engineer may re-                                    strictions and conditions shall be reasonably
quest that the City Council review the subdi-                                  conceived to:
vision without first reaching a decision. The                                         (a) protect the public from the potential-
City Council shall hold a hearing in accor-                                    ly deleterious effects of the proposal;
dance with TDC 31.077. This applies to all                                            (b) fulfill the need for public facilities
subdivisions except for expedited subdivi-                                     and services created by the proposal, or
sions which shall not be the subject of a pub-                                 increased or in part attributable to the im-
lic hearing. The City Engineer shall prepare                                   pacts of the proposal; or
a report for presentation to the City Council,                                        (c) further the implementation of the
which may include recommendations on the                                       requirements of the Tualatin Development
subdivision application and requested minor                                    Code. [Ord. 590-83 §1, 04/11/83; Ord. 933-94 §§13 and 14, 11/28/94;
                                                                               Ord. 954-95 §4, 12/11/95; Ord. 1009-98 §16, 11/9/988; Ord. 1026-99 §17,
variances. [Ord. 590-83 §1, 04/11/83; Ord. 1009-98 §14, 11/9/98; Ord.
                                                                               08/9/99. Ord. 1058-00 §2, 09/25/00; Ord. 1096-02 §22, 01/28/02; Amended
1096-02 §20, 01/28/02; Ord. 1096-02, 1/28/2002; Ord. 1304-10 §20, 06/14/10.]
                                                                               Ord. 1272-08 § 2, 11/10/08.]

Section 36.160       Subdivision Plan Ap-
                                                                               Section 36.161         Requests for Review
proval.
                                                                               of Subdivision and Partition Decision
      (1) A subdivision or expedited subdi-
                                                                                  (1) A request for review shall be on a City
vision application shall not be approved un-
                                                                               form. The completed form at a minimum
less the City Engineer first finds that ade-
                                                                               shall consist of the following:
quate public improvements are, or will be,

                                                                 36 - 8                                       (Revised 06/10)
                                             Tualatin Development Code                     36.162

       (a) the description of the subject prop-                  proposed modifications to the subdivision
erty or the proposed name of the project;                        plan shall be submitted to the City Engineer
       (b) the date on which the request for                     for approval. The City Engineer shall deter-
review is received by the City Engineer;                         mine if the proposed modifications are ma-
       (c) a statement that the form shall be                    terial or immaterial in nature.
signed and submitted in writing;                                    (2) Immaterial modifications to a subdivi-
       (d) a statement of the issues on which                    sion plan approval are changes which do
the request for review is based;                                 not result in noncompliance with subdivision
       (e) a statement that the City Engineer                    approval criteria, and include:
may request additional information for ad-                              (a) lot dimension changes;
ministrative purposes; and                                              (b) street location changes;
       (f) a place to indicate how a person is                          (c) lot pattern changes.
adversely affected by the decision and how                          (3) Immaterial modifications shall meet
the decision is allegedly not in conformance                     the following standards:
with applicable code requirements.                                      (a) Accessways to adjacent
   (2) Upon receipt of a request for review,                     streets or properties shall not be relocated
the City Engineer shall indicate the date of                     more than 25 feet from the location ap-
receipt, schedule a City Council hearing and                     proved on the subdivision plan. In addition,
give notice of the hearing in accordance with                    accessways shall not be relocated to a dif-
TDC 31.077. A request for review shall be                        ferent adjacent property.
accompanied by a fee as established by City                                     (i) Stub streets shall not be
Council resolution. The request shall be re-                     changed to non-through streets.
ceived in writing at the City offices by 5:00                                   (ii) Cul-de-sacs shall not be
pm on the fourteenth calendar day after the                      changed to stub streets.
notice of decision was sent.                                                    (iii) Density decreases shall not
   (3) The Council shall conduct a de novo                       exceed a 20 percent reduction in the total
hearing in accordance with the quasi-judicial                    number of approved lots or dwelling units.
evidentiary hearing procedures set forth in                      For an Expedited Subdivision Application,
TDC 31.077. The review conducted by the                          the density shall not be decreased to a
Council shall be limited to the issues raised                    density that would violate the density crite-
during the 14 calendar-day comment period.                       rion for the Expedited Subdivision Applica-
Notice of the final decision of the City Council                 tion process.
may be provided to any person, but shall be                                     (iv) The proposed modification
mailed by first class mail to                                    shall not result in a change or deletion of a
       (a) the applicant and owner of the sub-                   condition of approval of the subdivision plan
ject property;                                                   approval. Changes to the conditions of ap-
       (b) the appellant;                                        proval shall be processed as set forth in TDC
       (c) all other persons who submitted                       36.162(4) and (5).
comments on the application and who may                             (4) If the proposed modifications are found
be adversely affected by the decision.[Ord. 1096-                to be immaterial and the subdivision plan as
02 §23, Jan 28, 2002; Ord. 1096-02, Add, 01/28/2002.]            modified meets the conditions of the earlier
                                                                 subdivision plan approval, the requirements
Section 36.162       Modifications to Sub-                       of the TDC and other applicable regulations,
division Plan Approval.                                          the City Engineer shall approve in writing the
  (1) After the City Engineer has approved,                      proposed modifications with or without condi-
or conditionally approved, the subdivision or                    tions.
expedited subdivision plan, but before the                          (5) A proposed material modification, or a
subdivision plat has been approved, any                          modification which results in a subdivision
                                                        36 - 9                    (Revised 06/10)
                                           Tualatin Development Code                                      36.170

plan that no longer meets the conditions of                                information shall be submitted on the subdi-
the subdivision plan approval or the re-                                   vision plat:
quirements of the TDC and other applicable                                        (a) plat name, date, north arrow, scale
regulations, shall require a new application                               of drawing, and legend;
in accordance with TDC 36.120. The applica-                                       (b) the location, width and centerline of
tion shall follow the limited land use process                             all streets, recorded easements and access-
as described in TDC 36.140. An Expedited                                   ways intercepting the boundary of the site;
Subdivision Application shall be submitted to                                     (c) all existing and proposed ease-
the City Engineer for a decision.                                          ments shall be shown and shall be clearly
   (6) The nonrefundable fee for modification                              identified as to intended purpose; easement
of the subdivision plan approval, as estab-                                width, length and bearing shall be shown;
lished by resolution of the City Council, shall                            and sufficient ties to locate the easement
be submitted with the request for modifica-                                with respect to the plat shall be shown;
tion. [Ord. 590-83 §1, 04/11/83; Ord. 954-95 §5, 12/11/95; Ord. 1009-98           (d) the width of the portion of any street
§17, 11/9/98; Ord. 1026-99 §18, 8/9/99; Ord. 1096-02 §24, 01/28/02; Ord.   being created; the width of any existing right-
1272-08 §3, 11/10/08.]                                                     of-way; new and existing streets shall be
                                                                           identified by the approved street names;
Section 36.170        Subdivision Plat.                                           (e) identification of land to be dedicated
   (1) Except where the City Engineer deci-                                or reserved for any purpose, public or pri-
sion or Council decision in a request for re-                              vate, to distinguish it from lots intended for
view on the subdivision or expedited subdivi-                              conveyance and building purposes;
sion plan specifically provides otherwise,                                        (f) a declaration as required by ORS
within 24 months after approval of the subdi-                              92.075; and
vision plan, the applicant shall cause the                                        (g) plat restrictions required in the sub-
subdivision, or an approved phase thereof, to                              division plan approval.
be surveyed and a subdivision plat prepared                                   (2) Supplemental information with the sub-
in conformance with the approved subdivi-                                  division plat shall include:
sion plan.                                                                        (a) any deed restrictions;
   (2) Within 24 months after approval of the                                     (b) dedication deeds requiring separate
subdivision plan, the applicant shall submit                               documents;
the subdivision plat, financial assurances,                                       (c) copies of instruments conveying or
where applicable, and all supplemental in-                                 dedicating property or interests to the Coun-
formation to the City Engineer and receive                                 ty, the State of Oregon or other public agen-
the approval of the City.                                                  cy, if not conveyed by the plat;
   (3) If the applicant has not submitted the                                     (d) when required, written certification
subdivision plat, financial assurances, where                              by the applicant's engineer that private
applicable, and all supplemental information                               streets have been constructed in accordance
to the City Engineer not less than 30 days                                 with the subdivision plan approval and City
before such 24-month period expires, the                                   standards; and
subdivision plan approval shall expire at the                                     (e) provisions for access to and main-
end of the 24 months. [Ord. 590-83 §1, 04/11/83; Ord. 954-95               tenance of drainage facilities not located
§7, 12/11/95; Ord. 1058-00 §3, 9/25/00; Ord. 1096-02 §25, 01/28/02; Ord.   within public streets, if any. [Ord. 590-83 §1, 04/11/83.]
1096-02, 01/28/2002.]

                                                                           Section 36.174          Agreement for Public
Section 36.172      Information on Subdi-                                  Improvements.
vision Plat.                                                                  (1) Where the applicant wishes to submit
  (1) In addition to information otherwise                                 the subdivision plat for City acceptance prior
specified by ORS Chapter 92, the following                                 to installing all required public improvements
                                                             36 - 10                           (Revised 06/10)
                            Tualatin Development Code                             36.176

pursuant to the subdivision plan approval         cluding bringing any necessary action to col-
and subdivision regulations, the applicant        lect such funds.
shall submit a Compliance Agreement and                  (a) If the amount of the bond or cash
written assurances, as set forth in this sec-     deposit exceeds the cost and expense in-
tion, to the City Engineer.                       curred by the City to satisfy the provisions of
   (2) The applicant shall submit for City ap-    the Compliance Agreement upon the appli-
proval, a Compliance Agreement between            cant's failure to do so, the City shall release
the owner and the City whereby the owner          the balance.
promises to complete the required public im-             (b) If the amount of the bond, cash de-
provements relating to the subdivision in ac-     posit, or cash in escrow is less than the costs
cordance with City regulations within a speci-    so incurred by the City, the applicant shall be
fied time period in exchange for which the        liable to the City for such additional costs.
City approves the subdivision plat in advance     The City shall have a lien on the subdivision
of completion of all required public improve-     still owned by the owner in an amount which
ments.                                            represents the difference between the City
   (3) In addition to the Compliance Agree-       costs and the amount received by the City
ment, the applicant shall submit one of the       pursuant to the applicant's assurance.
following types of assurance:                        (6) If the applicant fails to perform under
       (a) a Corporate Surety Bond issued by      the provisions of the Compliance Agreement
a surety company authorized to transact           the City may, as an additional but not exclu-
business in the State of Oregon;                  sive remedy, refuse to issue additional build-
       (b) a cash deposit; or                     ing permits for properties within the subdivi-
       (c) cash in escrow.                        sion.
   (4) Such assurance of full and faithful per-      (7) The City Engineer shall prepare stan-
formance of said Compliance Agreement             dard forms of Compliance Agreement and
shall be for a sum approved by the City En-       Escrow Agreement, including provisions
gineer as sufficient to cover 100 percent of      which will best accomplish the intent of this
the cost of completing the required public        Section. Use of such forms by the applicant
improvements by the City in the event the         in accordance with this section are presumed
applicant fails to construct such improve-        to be satisfactory to the City. [Ord. 590-83 §1, 04/11/83.]
ments in accordance with the Compliance
Agreement and City regulations. The costs         Section 36.176          Approval of the Sub-
of City completion of public improvements         division Plat by the City.
include, but are not limited to:                     (1) Upon receipt by the City Engineer, the
       (a) related engineering;                   subdivision plat and related materials shall
       (b) right-of-way acquisition;              be reviewed for compliance with the subdivi-
       (c) easement acquisition and public        sion plan approval and applicable regula-
contracting costs;                                tions.
       (d) labor and materials; and                  (2) The City Engineer shall determine
       (e) incidental expenses.                   whether the applicant has complied with one
   (5) In the event the applicant fails to per-   of the following alternatives:
form all provisions of the Compliance                    (a) all public improvements have been
Agreement, the City is authorized, but not        installed in accordance with City regulations
required, to complete unfinished or improper-     and accepted by the City Council; or
ly constructed portions of the required public           (b) a Compliance Agreement has been
improvements and to use the assurance for         entered into by the applicant and acceptable
reimbursement to cover the City's costs, in-      assurance has been submitted and accepted
                                                  by the City as set forth in TDC 36.174.
                                       36 - 11                         (Revised 06/10)
                              Tualatin Development Code                                  36.178

      (3) If the City Engineer determines that        proval to protect the health and safety of the
the subdivision plat conforms with the subdi-         citizens. [Ord. 590-83 §1, 04/11/83; Ord. 1009-98 §19, 11/9/98.]
vision plan approval and other requirements,
disregarding immaterial changes, the Mayor            Section 36.220          Applications and Fil-
and City Recorder shall be so advised. The            ing Fee.
Mayor may then approve the subdivision plat              (1) Prior to the submittal of a partition ap-
by signing it without further action by the City      plication, an applicant for a partition shall
Council.                                              conduct a Neighborhood/Developer Meeting
      (4) If the subdivision plat is not in full      subject to TDC 31.063.
conformance with the approved subdivision                (2) The applicant shall prepare and submit
plan and applicable regulations, it shall be re-      a City of Tualatin Development Application,
turned to the applicant for revision and re-          available from the City Engineer. The appli-
submittal. [Ord. 590-83 §1, 04/11/83.]                cant shall post a sign pursuant to TDC
                                                      31.064(2).
Section 36.178                Recording of Subdivi-      (3) The application shall contain:
sion Plat.                                                   (a) the names, addresses and tele-
    (1) After approval by the Mayor, the City         phone numbers of the property owners and
Engineer shall return the subdivision plat and        applicants, and when applicable, the name
other related materials to the applicant, who         and address of the design engineer or sur-
shall transmit them to the County Surveyor.           veyor;
    (2) After the County Surveyor determines                 (b) the signatures of the property own-
the final subdivision plat and related mate-          ers and applicants;
rials fully conform with State and County re-                (c) the site location by address and cur-
quirements, and receives payment of the re-           rent County Tax Assessor's map and tax lot
quired fees for such service, the County Sur-         numbers; and
veyor will approve the plat and deliver it to                (d) a description of the manner in
the County Recorder's Office.                         which the proposed division complies with
    (3) No building permits shall be issued un-       each of the expedited criterion for an Expe-
til the applicant obtains and delivers to the         dited Partition Application.
City Engineer a mylar copy of the subdivision                (e) if a minor variance is requested to
plat showing that it has been officially ap-          the dimensional standards of the lots or the
proved by the County Surveyor and record-             minimum lot size, adequate information to
ed. [Ord. 590-83 §1, 04/11/83                         show compliance with the approval criteria in
                                                      TDC Chapter 33.
    PROCEDURE FOR PARTITIONING.                              (f) a "Service Provider Letter" from
Section 36.210        Approval Required.              Clean Water Services indicating that a
  (1) No land may be partitioned except in            "Stormwater Connection Permit" will likely be
accordance with this Chapter and if a minor           issued.
variance is requested to the dimensional                     (g) The information on the Neighbor-
standards of the lots or the minimum lot size,        hood/Developer Meeting specified in TDC
in accordance with the approval criteria in           31.063(10).
TDC Chapter 33.                                              (h) If a railroad-highway grade crossing
  (2) The procedure for review and action on          provides or will provide the only access to
partition applications, and requested minor           the subject property, the applicant must indi-
variances, is intended to provide orderly and         cate that fact in the application, and the City
expeditious processing of such applications           must notify the ODOT Rail Division and the
and to require conditions of development ap-          railroad company that the application has
                                                      been received.
                                           36 - 12                           (Revised 06/10)
                             Tualatin Development Code                         36.220

   (4) The partition application shall be sub-             (j) easements, including the location,
mitted to the City Engineer, along with:            width and purpose of all recorded and pro-
       (a) the partition plan;                      posed easements in or abutting the pro-
       (b) preliminary utility plans for streets,   posed site;
water, sanitary sewer and storm drainage;                  (k) public utilities, including the approx-
and                                                 imate location, size and grade of all existing
       (c) a black and white 8&1/2" x 11" site      and proposed sanitary sewers, the approx-
plan suitable for reproduction;                     imate location, size and grade of all existing
       (d) a completed City fact sheet; and         and proposed on-site and off-site storm drai-
       (e) other supplementary material as          nage lines, and the approximate location and
may be required, such as:                           size of water lines;
              (i) deed restrictions; or                    (l) flood areas, including the location of
              (ii) for all nonbuildable areas or    any flood plain, drainage hazard areas and
tracts to be dedicated or reserved for public       other areas subject to flooding or ponding;
use, a statement of ownership, use, cove-                  (m) natural resources, including the lo-
nants, conditions, limitations and responsibili-    cation of natural features, such as rock out-
ty for maintenance.                                 croppings, wetlands, water courses, creeks,
   (5) The following general information shall      wooded areas and trees having a trunk di-
be shown on the partition plan:                     ameter of eight inches or greater, as meas-
       (a) appropriate identification clearly       ured at a point four feet above ground level,
stating the map is a plan;                          proposed to be removed and to be retained
       (b) the names, addresses and tele-           on site;
phone numbers of the property owners and                   (n) approximate parcel dimensions, in-
applicants, and when applicable, the name           cluding all existing property lines and their
and address of the design engineer or sur-          lengths and the approximate location and
veyor;                                              dimensions of all proposed parcels;
       (c) the date the plan was prepared;                 (o) approximate area of each parcel;
       (d) north arrow;                                    (p) proposed parcel numbers;
       (e) scale of drawing;                               (q) existing structures, including the lo-
       (f) location of the partition by 1/4 Sec-    cation and present use of all structures, wells
tion, Township and Range;                           and septic tanks on the site and an indication
       (g) existing streets (public or private),    of which structures, wells and septic tanks
including location, name, centerline, right-of-     are to remain after platting; indicate all City-
way and pavement width on and abutting the          designated historic landmarks;
site, and the location of existing and pro-                (r) all parcels or tracts of land intended
posed access points;                                to be dedicated or reserved for public use;
       (h) proposed streets (public or private),           (s) a vicinity map showing a minimum
including location, centerline, right-of-way        1-mile radius;
and pavement width, approximate radius of                  (t) contour lines with intervals at a min-
curves and approximate grades of proposed           imum of two feet for slopes up to five percent
streets on the subject property and within          and five feet for slopes over five percent; and
three hundred feet of the site;                            (u) other information required by the
       (i) an outline plan demonstrating that       City Engineer.
the adjacent property can be divided in the            (6) The partition application shall be ac-
future in a manner that is consistent with the      companied by a nonrefundable fee as estab-
partition plan, and illustrating the connections    lished by City Council resolution. The parti-
to transit routes, pedestrian and bike facili-      tion application shall not be accepted until
ties, and accessways to adjacent properties;        the fee has been paid to the City. This fee
                                         36 - 13                      (Revised 06/10)
                             Tualatin Development Code                                        36.230

shall not apply towards any building permit          [Ord. 590-83 §1, 04/11/83; Ord. 954-95 §8, 12/11/95; Ord. 1009-98 §20,
                                                     11/9/98; Ord. 1070-01 §7, 04/9/01; Ord. 1096-02 §26, 01/28/02; Ord. 1157-04,
fees that may later be required.
                                                     03/08/2004; Ord. 1149-03, 10/13/2003; Ord. 1096-02, 01/28/2002; Ord. 1070-
   (7) The applicant shall submit, along with        01, 04/09/2001; Ord. 1304-10 §21, 06/14/10.]
the partition application, a mailing list in ac-
cordance with TDC 31.077.                            Section 36.230         Review Process.
   (8) The City Engineer may require informa-           (1) Review of partition applications shall be
tion in addition to that stated in this section.     a limited land use decision process in accor-
   (9) Unless otherwise specified in the parti-      dance with this section. Before a decision is
tion application, approval, or in express di-        made on a partition application, it shall first
rection from the City Engineer, any material         be established that the partition proposal
submitted by the applicant with the partition        conforms to the Tualatin Development Code,
application which exceeds the TDC require-           and applicable City ordinances and regula-
ments shall be considered a part of the rec-         tions and requested minor variances to the
ommended decision.                                   dimensional standards of the lots or the min-
   (10) The applicant has the burden in all          imum lot size, conform with the approval cri-
cases of demonstrating compliance with ap-           teria in TDC Chapter 33. Failure to conform
plicable development regulations.                    is sufficient reason to deny the application.
   (11) The applicable time period for action           (2) Prior to the City Engineer issuing a de-
on the partition application shall not com-          cision on the partition application the appli-
mence until the City Engineer has deter-             cant shall obtain any required use approvals,
mined that the application is complete.              including but not limited to plan amendment
       (a) In the event such determination of        and conditional use permit, except for minor
completeness is not made within 30 days of           variances which shall be reviewed and de-
the date of its submission, or resubmission,         cided as part of the partition decision. Parti-
the development application shall be                 tion with a concurrent variance shall be de-
deemed complete upon the expiration of the           cided by the City Council.
30-day period for purposes of commencing                (3) After the partition application is
the applicable time period, unless:                  deemed complete, written notice of the ap-
              (i) the application lacks informa-     plication inviting comments shall be provided
tion required to be submitted; or                    to:
              (ii) the required fees have not               (a) potentially affected governmental
been submitted; and                                  agencies such as, the school district in which
              (iii) the City Engineer has notified   the partition is located, the fire district, Clean
the applicant in writing of the deficiencies in      Water Services, the Oregon Department of
the application within 30 days of submission         Transportation, Tri-Met, Washington or
of the partition application.                        Clackamas County;
       (b) The City Engineer may subsequent-                (b) utility companies;
ly require correction of any information found              (c) City departments; and
to be in error or submission of additional in-              (d) recipients pursuant to TDC
formation not specified in this Chapter, as          31.064(1).
deemed necessary to make an informed de-                (4) The notice sent in TDC 36.230(3) shall:
cision, though such additional or corrected                 (a) state that signed written comments
information will result in extending the appli-      shall be submitted by letter or facsimile within
cable time period for action by the City.            14 calendar days of the mailing date of the
   (12) The City Engineer shall prepare the          notice to be considered as a basis for re-
standard form of Development Application             questing a review;
for partition plans, including provisions which
will best accomplish the intent of this section.
                                          36 - 14                               (Revised 06/10)
                            Tualatin Development Code                                       36.240

       (b) state that issues that may provide         (7) Prior to making a decision the City En-
the basis for a request for review to the City     gineer may conduct one or more review
Council and Land Use Board of Appeals              meetings with the applicant, governmental
shall be raised in writing prior to the expira-    agencies, utility companies and any other in-
tion of the comment period. Issues shall be        terested parties.
raised with sufficient detail and clarity to en-      (8) When the City Engineer determines
able the decision maker to respond to the is-      that a complete application for a proposed
sue and state how a person may be adverse-         development raises a substantial question
ly affected by the proposal;                       over Code requirements, size, location or
       (c) list the applicable criteria by code    complexity and is likely to raise concern from
section for the decision;                          a substantial portion of nearby property own-
       (d) include the street address or other     ers or residents, the City Engineer may re-
easily understood geographical reference to        quest that the City Council review the parti-
the subject property;                              tion without first reaching a decision. The
       (e) state the place, date and time that     City Council shall hold a hearing in accor-
comments are due, and that comments are            dance with TDC 31.077. This applies to all
due no later than 5:00 pm on the fourteenth        partitions except for expedited partitions
calendar day;                                      which shall not be the subject of a public
       (f) state that copies of all evidence re-   hearing. The City Engineer shall prepare a
lied upon by the applicant are available for       report for presentation to the City Council,
review, and copies can be obtained at cost;        which may include recommendations on the
       (g) state the local government contact      partition application and requested minor va-
person and telephone number;                       riances.
       (h) briefly summarize the local deci-          (9) The City Council may review and ap-
sion-making process for the limited land use       prove a partition application when it is sub-
decision being made; and                           mitted as part of an Industrial Master Plan in
       (i) state that notice of decision will be   accordance with TDC Chapter 37. Such City
provided only to those who submitted written       Council review shall then be conducted in
comments in accordance with this section.          accordance with TDC 31.077. The City Engi-
   (5) Failure of a person or agency to re-        neer shall prepare a report for presentation
ceive the notice required in TDC 36.230(3)         to the City Council, which may include rec-
shall not invalidate any proceeding in con-        ommendations on the partition application
nection with the application provided the City     and requested minor variances. [Ord. 590-83 §1,
can demonstrate by affidavit that notice in        04/11/83; Ord. 954-95 §9, 12/11/95; Ord. 1009-98 §21, 11/9/98; Ord. 1035-99
                                                   §1, 11/8/99; Ord. 1096-02 §27, 01/28/02; Ord. 1096-02, 01/28/2002; Ord.
accordance with this section was given.
                                                   1304-10 §22. 06/14/10.]
   (6) Comments shall be received by the
City Engineer within 14 calendar days of the
                                                   Section 36.240         Final Decision.
date when the notice was mailed. Signed
                                                      (1) The City Engineer shall render a final
comments shall be in writing or received by
                                                   decision for a partition or an Expedited Parti-
facsimile. Issues shall be raised with suffi-
                                                   tion Application.
cient detail and clarity to enable the decision
                                                      (2) No partition or expedited partition ap-
maker to respond to the issues. Requests
                                                   plication shall be approved by the City Engi-
for review may be made only by persons
                                                   neer unless adequate public facilities are
who submitted written comments within the
                                                   available to serve the proposed partition.
14 calendar-day period, who may be ad-
                                                      (3) The City Engineer's decision may be to
versely affected by the City Engineer's deci-
                                                   approve, approve with conditions or deny the
sion and may only be submitted in writing.
                                                   partition or expedited partition application
                                        36 - 15                               (Revised 06/10)
                            Tualatin Development Code                                       36.240

based upon demonstrated compliance with                   (a) protect the public from the potential-
applicable City regulations. The City Engi-        ly deleterious effects of the proposal;
neer's decision shall be supported by written             (b) fulfill the need for public facilities
findings and reasons for the decision. Find-       and services created by the proposal, or in-
ings and reasons may consist of references         creased or in part attributable to the impacts
to the applicable Development Code or or-          of the proposal;
dinance provisions.                                       (c) further the implementation of the
   (4) The final decision shall be written, and    requirements of the Tualatin Development
at a minimum shall identify:                       Code.
       (a) the applicant;                             (9) The final decision of the City Council
       (b) the date of the decision;               on a partition associated with an Industrial
       (c) the decision;                           Master Plan shall be subject to all require-
       (d) any time frame and conditions to        ments of TDC 36.240. [Ord. 590-83 §1, 04/11/83; Ord. 931-
which the decision is subject;                     94 §4, 09/12/94; Ord. 933-94 §15, 11/28/94; Ord. 954-95 §10, 12/11/95; Ord.
                                                   1009-98 §22, 11/9/98; Ord. 1026-99 §19, 08/9/99; Ord. 1035-99 §2, 11/8/99;
       (e) a brief statement that explains the
                                                   Ord. 1058-00 §4, 9/25/00; Ord. 1096-02 §28, 01/28/02; Ord. 1096-02,
criteria and standards considered relevant to      01/28/2002)
the decision, states the facts relied upon in
the rendering the decision, explains the justi-    Section 36.242           Modifications to Final
fication for the decision based on the criteria,   Decision.
standards and facts set forth; and                    (1) After the partition application has
       (f) an explanation of the rights to re-     received final approval, including requested
quest a review of the decision.                    minor variances to the dimensional stan-
   (5) Notice of the decision shall be provided    dards of the lots or the minimum lot size,
to the applicant, property owner, and any          whether or not subject to conditions, but be-
party who submitted comments within the 14         fore the partition plat has     been approved,
calendar-day comment period. Notice of the         any proposed modifications to the partition
decision shall include a description of rights     plan shall be submitted to the City Engineer
to request a review of the decision.               for approval. The City Engineer shall deter-
   (6) The decision of the City Engineer shall     mine if the proposed modifications are ma-
become final 14 calendar days after the date       terial or immaterial in nature.
the notice of the decision is given unless a          (2) Immaterial modifications to a final
written request to review the decision has         decision for a partition application are
been received by the City in accordance with       changes which do not result in a noncom-
applicable procedures provided in TDC              pliance with partition approval criteria, and
36.161. If a request for City Council review is    include:
timely and properly filed, the decision on the            (a) lot dimension changes;
partition application shall not be final until a           (b) street location changes; and
final determination is made by the City                   (c) lot pattern changes.
Council.                                              (3)Immaterial modifications shall meet the
   (7) The final decision of the City Engineer,    following standards:
or approval by the City Council, shall expire             (a) Accessways to adjacent streets or
24 months from the date the final decision is      properties shall not be relocated more
issued, or the resolution is adopted.              than 25 feet from the location approved on
   (8) A partition plan approval may include       the partition plan. In addition, these im-
restrictions and conditions. These restric-        provements shall not be relocated to a differ-
tions and conditions shall be reasonably           ent adjacent property.
conceived to:                                             (b) Stub streets shall not be changed to
                                                   non-through streets.
                                        36 - 16                               (Revised 06/10)
                                            Tualatin Development Code                                       36.250

       (c) Cul-de-sacs shall not be changed to                               City Engineer in conformance with the final
stub streets.                                                                decision and this Chapter.
       (d) The proposed modification shall not                                  (2) If the applicant has not submitted the
result in a change or deletion of a condition                                partition plat and all supplemental informa-
of approval of the final decision. Changes to                                tion to the City Engineer not less than 30
the conditions of approval shall be processed                                days before such 24-month period expires,
as set forth in TDC 36.242 (5) and (6).                                      the final decision shall expire at the end of
   (4) If the proposed modifications are                                     the 24 months. [Ord. 590-83 §1, 04/11/83; Ord. 1058-00 §5,
found to be immaterial and the partition                                     09/25/00.]

plan as modified meets the conditions of
the final decision, the requirements of the                                  Section 36.272           Information on Parti-
TDC and other applicable regulations, the                                    tion Plat.
City Engineer shall approve in writing the                                       (1) In addition to information otherwise
proposed modifications with or without con-                                  specified by ORS Chapter 92, the following
ditions. The decision shall be filed and                                     information shall be submitted on the parti-
mailed as set forth in TDC 31.074 or in ac-                                  tion plat:
cordance with state law for Expedited Parti-                                         (a) date, north arrow, scale of drawing,
tion Plans.                                                                  and legend;
   (5) A proposed modification that is de-                                           (b) the location, width and centerline of
termined to be material in nature or which                                   all streets, accessways and recorded ease-
results in a partition plan that no longer                                   ments intercepting the boundary of the site;
meets the conditions of the final decision or                                        (c) all existing and proposed ease-
the requirements of the TDC and other ap-                                    ments shall be shown and shall be clearly
plicable regulations, shall require a new ap-                                identified as to intended purpose; the ease-
plication in accordance with TDC 36.220.                                     ment width, length and bearing shall be
   (6) The nonrefundable fee for modifica-                                   shown; and sufficient ties to locate the
tion of the final decision, as established by                                easement with respect to the plat shall be
resolution of the City Council, shall be sub-                                shown;
mitted along with the request for modifica-                                          (d) the width of the portion of any
tion or the partition plan approval. [Ord. 590-83 §1,                        street being created; the width of any existing
passed April 11, 1983; Ord. 954-95 §11, passed Dec. 11, 1995; Ord. 1009-98
                                                                             right-of-way; new and existing streets shall
§23, passed Nov. 9, 1998; Ord. 1026-99 §20, passed Aug. 9, 1999; Amended
                                                                             be identified by the approved street names;
Ord. 1272-08 §4, Nov. 10, 2008.]
                                                                                     (e) identification of land to be dedicat-
                                                                             ed or reserved for any purpose, public or pri-
Section 36.250         Requests for Review.                                  vate, to distinguish it from parcels intended
   (1) A request for review for a partition shall                            for conveyance and building purposes;
follow the procedure set forth in TDC 36.161.                                        (f) a declaration as required by ORS
[Ord. 590-83 §1, 04/11/83; Ord. 1009-98 §24, 11/9/98; Ord. 1096-02 §29,      92.075; and
01/28/02; Ord. 1096-02, 01/28/2002.]                                                 (h) plat restrictions required in the final
                                                                             decision or partition plan approval.
Section 36.270       Partition Plat.                                             (2) Supplemental information with the par-
   (1) Except where the final decision specifi-                              tition plat shall include:
cally provides otherwise, or where an exten-                                         (a) any deed restrictions;
sion is specifically approved, within 24                                             (b) dedication deeds requiring sepa-
months after the issuance of the final deci-                                 rate documents;
sion, the applicant shall cause the site to be                                       (c) copies of instruments conveying or
surveyed and a partition plat prepared and                                   dedicating property or interests to the Coun-
supplemental information submitted to the
                                                              36 - 17                            (Revised 06/10)
                                             Tualatin Development Code                                       36.274

ty, the State of Oregon or other public agen-                                proved by the County Surveyor and record-
cy, if not conveyed by the plat;                                             ed. [Ord. 590-83 §1, 04/11/83
       (d) when required, written certification
by the applicant's engineer that private                                            PROCEDURE FOR PROPERTY
streets have been constructed in accordance                                               LINE ADJUSTMENT.
with the partition plan approval and City                                    Section 36.310         Approval Required.
standards; and                                                                  (1) No property line may be adjusted ex-
       (e) provisions for access to, and main-                               cept in accordance with this Chapter and if a
tenance of, drainage facilities not located                                  minor variance is requested to the dimen-
within public streets, if any. [Ord. 590-83 §1, 04/11/83.]                   sional standards of the lots or the minimum
                                                                             lot size, in accordance with the approval cri-
Section 36.274         Approval of Partition                                 teria in TDC Chapter 33.
Plat by City.                                                                   (2) The procedure for review and approval
   (1) Upon receipt by the City Engineer, the                                of property line adjustment applications, and
partition plat and related materials shall be                                requested minor variances, is intended to
reviewed for compliance with the final deci-                                 provide orderly and expeditious processing
sion and applicable regulations.                                             of such applications and to require conditions
   (2) If the City Engineer determines that                                  of development approval to protect the
the partition plat conforms with the final deci-                             health and safety of the citizens.
sion and other requirements, disregarding                                       (3) No additional lots shall be created by a
immaterial changes, the Mayor and City Re-                                   property line adjustment.
corder shall be so advised. The Mayor may                                       (4) All lots shall conform to the minimum
then approve the partition plat by signing it                                lot size requirements of the TDC, unless a
without further action by the City Council.                                  minor variance to the dimensional standards
   (3) If the partition plat is not in full confor-                          of the lots or the minimum lot size is ap-
mance with the final decision and applicable                                 proved as part of the Property Line Adjust-
regulations, it shall be returned to the appli-                              ment decision. [Ord. 590-83 §1, 04/11/83; Ord. 1009-98 §26,
cant for revision and resubmittal. [Ord. 590-83 §1,                          11/9/98.]

04/11/83; Ord. 1096-02 §30, 01/28/02; Ord. 1096-02, 01/28/2002.]
                                                                             Section 36.320          Applications and Fil-
Section 36.276        Recording of Partition                                 ing Fee.
Plat.                                                                           (1) The applicant shall prepare and submit
    (1) After approval by the Mayor, the City                                a City of Tualatin Development Application,
Engineer shall return the partition plat and                                 available from the City Engineer.
other related materials to the applicant, who                                   (2) The application shall contain:
shall transmit them to the County Surveyor.                                         (a) the names, addresses and tele-
    (2) After the County Surveyor determines                                 phone numbers of the property owners, ap-
the partition plat and related materials fully                               plicants, agents and surveyors;
conform with State and County require-                                              (b) the signatures of the property own-
ments, and receives payment of the required                                  ers and applicants; and
fees for such service, the County Surveyor                                          (c) the site location by address and cur-
will approve the plat and deliver it to the                                  rent County Assessor's map and tax lot
County Recorder's Office.                                                    numbers.
    (3) No building permits shall be issued un-                                     (d) if a minor variance is requested to
til the applicant obtains and delivers to the                                the dimensional standards of the lots or the
City Engineer a mylar copy of the partition                                  minimum lot size, adequate information to
plat, showing that it has been officially ap-                                show compliance with the approval criteria in

                                                                   36 - 18                        (Revised 06/10)
                                             Tualatin Development Code                                36.330

TDC Chapter 33 and a mailing list in accor-
dance with TDC 31.077.                                                     Section 36.330            Review Process.
       (e) a "Service Provider Letter" from                                   (1) For any property line adjustment appli-
Clean Water Services indicating that a                                     cation to be approved, it shall first be estab-
"Stormwater Connection Permit" will likely be                              lished that the resulting lots conform to the
issued.                                                                    Tualatin Development Code, and applicable
       (f) If a railroad-highway grade crossing                            City ordinances and regulations, and re-
provides or will provide the only access to                                quested minor variances to the dimensional
the subject property, the applicant must indi-                             standards of the lots or minimum lot size,
cate that fact in the application, and the City                            conform to the approval criteria in TDC
must notify the ODOT Rail Division and the                                 Chapter 33. Failure to conform is sufficient
railroad company that the application has                                  reason to deny the application.
been received.                                                                (2) Prior to the City Engineer issuing a de-
   (3) The application shall be submitted to                               cision on the property line adjustment appli-
the City Engineer, along with a sketch map                                 cation the applicant shall obtain any required
and other supplementary material as may be                                 use approvals, including but not limited to
required.                                                                  plan amendments, variances and conditional
   (4) The following general information shall                             use permits, except for minor variances
be shown on the sketch map:                                                which shall be reviewed and decided as part
       (a) the date the sketch was prepared;                               of the property line adjustment decision.
       (b) north arrow;                                                       (3) Before the commencement of the ap-
       (c) scale of drawing;                                               plicable time period for City action, the prop-
       (d) existing and proposed lot sizes;                                erty line adjustment application shall first be
       (e) existing and proposed lot lines;                                certified or deemed complete by the City En-
       (f) existing and proposed structures;                               gineer.
       (g) existing and proposed easements;                                       (a) In the event such certification of the
and                                                                        application is not made within 30 days of the
       (h) other information required by the                               date of its submission, or resubmission, the
City Engineer.                                                             application shall be deemed complete after
   (5) The property line adjustment applica-                               30 days for purposes of commencing the ap-
tion shall be accompanied by a nonrefunda-                                 plicable time period, unless:
ble fee as established by City Council resolu-                                            (i) the application lacks informa-
tion. The application shall not be accepted                                tion to be submitted; or
until the fee has been paid to the City. This                                             (ii) the required fees have not
fee shall not apply towards any building per-                              been submitted; and
mit fees that may later be required.                                                      (iii) the City Engineer has notified
   (6) The applicant has the burden in all                                 the applicant in writing of the deficiencies in
cases of demonstrating compliance with ap-                                 the application within 30 days of submission
plicable development regulations.                                          of the application.
   (7) The City Engineer may require informa-                                     (b) The City Engineer may subsequent-
tion in addition to that stated in this section.                           ly require correction of any information found
   (8) The City Engineer shall prepare the                                 to be in error and submittal of additional in-
standard form of Development Application                                   formation not specified in this Chapter, as the
for property line adjustments, including provi-                            City Engineer deems necessary to make an
sions which will best accomplish the intent of                             informed decision.
this section. [Ord. 590-83 §1, 04/11/83; Ord. 1009-98 §27, 11/9/98;           (4) After the property line adjustment ap-
Ord. 1070-01 §8, 04/9/01; Ord. 1096-02 §31, 01/28/02; Ord. 1157-04,        plication is deemed complete, the City Engi-
03/08/2004; Ord. 1096-02, 01/28/2002; Ord. 1070-01, 04/09/01.]
                                                                           neer shall provide one copy of the sketch
                                                                 36 - 19                     (Revised 06/10)
                                            Tualatin Development Code                                               36.340

map and supplemental material to, and invite                                     (4) Except as otherwise provided, failure of
comments from City departments.                                               the City Engineer to make a decision on a
   (5) Failure of the City to send the in-                                    property line adjustment application within 30
formation set forth in subsection (4) of this                                 days from the date the application is deemed
section to a City department, or failure of a                                 complete shall constitute approval of the par-
City department to receive this information,                                  ticular application, unless the applicant con-
shall not invalidate any proceeding in con-                                   sents to an extension of time.
nection with the application.                                                    (5) The decision of the City Engineer shall
   (6) When the City Engineer determines                                      not be considered final until a written notice
that a complete application for a proposed                                    of the decision is given to the owners of the
development raises a substantial question                                     properties listed on the application and if a
over Code requirements, size, location or                                     minor variance is requested, recipients pur-
complexity and is likely to raise concern from                                suant to TDC 31.064(1).
a substantial portion of nearby property own-                                    (6) The decision of the City Engineer shall
ers or residents, the City Engineer may re-                                   be appealable for 14 calendar days after the
quest that the City Council review the proper-                                date the notice of the decision is given. A
ty line adjustment without first reaching a de-                               written request for review of the decision by
cision. The City Council shall hold a hearing                                 City Council shall be in accordance with ap-
in accordance with TDC 31.077. The City                                       plicable procedures and on a form provided
Engineer shall prepare a report for presenta-                                 for that purpose, as set forth in TDC 31.075
tion to the City Council, which may include                                   and 31.076. [Ord. 590-83 §1, 04/11/83; Ord. 1009-98 §29, 11/9/98;
recommendations on the property line ad-                                      Ord. 1096-02 §33, 01/28/02; Ord. 1096-02, 01/28/2002; Ord. 1304-10 §23,
                                                                              06/14/10.]
justment application, including a requested
minor variance to the dimensional standards
of the lots or the minimum lot size. [Ord. 590-83 §1,                         Section 36.350        Requests for Review.
04/11/83; Ord. 1009-98 §28, 11/9/98; Ord. 1096-02 §32, 01/28/02; Ord. 1096-
                                                                                 (1) When a request for review by the City
02, 01/28/2002.]                                                              Council is received by the City Engineer, the
                                                                              review hearing shall be scheduled for an ap-
Section 36.340        Decision.                                               propriate City Council meeting date in accor-
   (1) Within 30 days from the date the prop-                                 dance with TDC 31.076.
erty line adjustment application, including a                                    (2) The City Council shall conduct a hear-
requested minor variance to the dimensional                                   ing in accordance with quasi-judicial eviden-
standards of the lots or the minimum lot size,                                tiary hearing procedures as provided in TDC
is deemed complete, the City Engineer shall                                   31.077.
issue a decision to approve or deny the ap-                                      (3) Upon review, the decision shall be to
plication.                                                                    approve, approve with conditions or deny the
   (2) The decision shall include findings of                                 application under review, including a re-
fact and conclusions based upon applicable                                    quested minor variance to the dimensional
criteria. The City Engineer's decision shall be                               standards of the lots or the minimum lot size.
supported by written findings and reasons for                                 The decision shall include findings of fact
the decision based upon applicable regula-                                    and conclusions for the decision, which shall
tions. Findings and reasons may consist of                                    be based upon applicable criteria.
references to the applicable Development                                         (4) The decision shall be written and at a
Code or Ordinance provisions.                                                 minimum shall identify the property line ad-
   (3) The decision shall be written, and at a                                justment application, the applicant or a per-
minimum shall identify the applicant, the date                                son to be contacted on behalf of the appli-
of the decision, the decision, and any time                                   cant, the date of the decision, the decision,
frame to which the decision is subject.
                                                               36 - 20                                 (Revised 06/10)
                                        Tualatin Development Code                                            36.360

and any conditions to which the decision is                           Ord. 1009-98 §32, 11/9/98; Ord. 1058-00 §6, 9/25/00; Ord. 1096-02 §34,
                                                                      01/28/02; Ord. 1096-02, 01/28/2002.]
subject. [Ord. 590-83 §1, 04/11/83; Ord. 1009-98 §30, 11/9/98.]
                                                                      Section 36.380          Recording of Survey
Section 36.360           Survey Map.
                                                                      Map by County Surveyor.
   (1) A common property line that is relo-
                                                                          (1) After the final approval on a property
cated through a property line adjustment
                                                                      line adjustment survey is issued by the City
process shall be surveyed and monumented
                                                                      Engineer the survey map and other data
except as set forth in ORS Chapter 92.
                                                                      shall be returned to the applicant, who shall
   (2) When required, surveys shall be filed
                                                                      transmit them to the County Surveyor for ex-
with, and approved by, the County Surveyor
                                                                      amination for compliance with applicable
prior to filing and recording the necessary
                                                                      provisions of State law and County regula-
deeds with the County.
                                                                      tions.
   (3) The survey map shall contain all the in-
                                                                          (2) When the County Surveyor finds the
formation required by the County Surveyor
                                                                      documents in full conformance with county
and the requirements of State law, ORS
                                                                      requirements, and receives payment of the
Chapter 209. [Ord. 590-83 §1, 04/11/83; Ord. 1009-98 §31, 11/9/98.]
                                                                      required fees for such service, the County
                                                                      Surveyor shall approve the survey map by
Section 36.370        Final Approval.
                                                                      recording.
   (1) Except where the City Engineer's deci-
                                                                          (3) No building permits shall be issued un-
sion or City Council's approval of a property
                                                                      til the applicant obtains and delivers to the
line adjustment, including a requested minor
                                                                      City Engineer a copy of the survey map as
variance to the dimensional standards of the
                                                                      officially approved by the County Surveyor
lots or the minimum lot size, specifically pro-
                                                                      and recorded. [Ord. 590-83 §1, 04/11/83; Ord. 1009-98 §33,
vides otherwise, within 24 months after the                           11/9/98.]
issuance of the decision or approval, the ap-
plicant shall cause the property line to be                                       LOT REQUIREMENTS.
surveyed and a survey map prepared in con-                            Section 36.410          Double Frontage and
formance with the property line adjustment                            Reverse Frontage.
as approved.                                                             (1) Double frontage and reversed frontage
   (2) Within the 24-month period, prior to re-                       lots should be avoided except where essen-
cording, the applicant shall submit the survey                        tial to provide separation of residential devel-
map to the City Engineer for review. The City                         opment from railroad tracks or crossings,
Engineer shall determine that all conditions                          traffic arterials or collectors, adjacent nonre-
of the decision or approval have been satis-                          sidential uses, or to overcome specific disad-
fied.                                                                 vantages of topography and orientation.
   (3) The Finance Department of the City                                (2) Residences on double frontage lots
shall determine that any City liens, assess-                          shall be oriented towards the lower classifi-
ments and in lieu of payments assigned to                             cation street adjacent to the lot:
the properties, if any, are reapportioned to                                 (a) local street instead of collector or
correspond with the new land unit configura-                          arterial; and
tion.                                                                        (b) collector street instead of arterial.
   (4) If the survey map fully complies with                             (3) If two local streets are adjacent to a
City requirements, the City Engineer shall is-                        series of adjacent double frontage lots, then
sue a final approval to the applicant within 30                       residences on all such lots shall be oriented
days of receiving the survey map.                                     towards the same local street. [Ord. 590-83 §1, passed
   (5) If the survey map is not in full com-                          April 11, 1983.]
pliance, it shall be returned to the applicant
for revision and resubmittal. [Ord. 590-83 §1, 04/11/83;
                                                        36 - 21                                  (Revised 06/10)
                                    Tualatin Development Code                                 36.420

Section 36.420         Existing           Structures            Section 36.460                     Size and Shape.
and Appurtenances.                                                 (1) The lot size, width, shape and orienta-
   (1) Any existing structures proposed to be                   tion shall be appropriate for the location of
demolished shall be removed prior to the                        the lot and shall comply with the planning
City approval of the subdivision or partition                   district standards for the type of development
plat. Any structures determined to be a his-                    and use contemplated.
toric City landmark shall be reviewed in ac-                       (2) These minimum standards shall apply
cordance with TDC Chapter 68.                                   with the following exceptions:
   (2) Any existing wells shall be abandoned                             (a) In areas that will not be served by
in the manner prescribed by State and Coun-                     public sewer or public water supply, the lots
ty regulations prior to the City approval of the                shall also conform to any special require-
subdivision or partition plat.                                  ments developed by the County Health De-
   (3) Any existing underground fuel or oil                     partment or the Department of Environmen-
tanks, septic tanks and similar underground                     tal Quality with respect to sewage disposal
storage tanks shall be removed or filled as                     and water supply.
required by the Department of Environmental                              (b) Where the planning district desig-
Quality prior to the City's approval of the                     nation is for commercial, institutional, or in-
subdivision or partition plat. [Ord. 590-83 §1, 04/11/83]       dustrial use, other lot sizes, widths and areas
                                                                may be permitted at the discretion of the City
Section 36.430         Large Lots.                              Council. Depth and width of properties re-
   When subdividing, partitioning or adjusting                  served or laid out for commercial and indus-
land into large lots which at some future time                  trial purposes shall be adequate to provide
are possible to be resubdivided, repartitioned                  for the off-street service and parking facilities
or readjusted to a size which more closely                      required by the type of use and development
conforms to the other lots in the subdivision                   contemplated.
or area, the applicant shall submit a future                             (c) Where the property constitutes or is
streets plan. The future streets plan shall in-                 part of a conditional use approval and fully
dicate that proposed large lots be of such                      complies with specific conditions imposed at
size and shape and contain such building                        the time of approval of the conditional use,
site restrictions as will provide for the exten-                other lot sizes, widths and areas may be
sion and opening of streets at such intervals                   permitted at the discretion of the City Coun-
and the subsequent division of any such                         cil. [Ord. 590-83 §1, 04/11/83; Ord. 1216-06, 07/24/06.]
large lot into smaller size lots which meet the
requirements of the TDC. [Ord. 590-83 §1, 04/11/83.]            Section 36.470        Frontage on Public
                                                                Streets
Section 36.440        Monuments.                                   All lots created after September 1, 1979
  Survey markers and monumentation shall                        shall abut a public street, except for the fol-
be placed as required by State law. Any                         lowing:
monuments that are disturbed before all im-                        (1) Secondary condominium lots, which
provements are completed shall be replaced                      shall conform to TDC 73.400 and TDC 75;
by the applicant to conform to the require-                        (2) Lots and tracts created to preserve
ments of State law. [Ord. 590-83 §1, passed April 11, 1983.]    wetlands, greenways, Natural Areas and
                                                                Stormwater Quality Control Facilities identi-
Section 36.450         Side Lot Lines.                          fied by Chapters 71, 72 Figure 3-4 of the
  The side lines of lots, as far as practicable,                Parks and Recreation Master Plan and the
shall run at right angles to the street upon                    Surface Water Management Ordinance,
which the lots face. [Ord. 590-83 §1, passed April 11, 1983.]   TMC Chapter 3-5 respectively, or for the
                                                                purpose of preserving park lands in accor-
                                                   36 - 22                          (Revised 06/10)
                               Tualatin Development Code        36.470

dance with the Parks and Recreation Master
Plan;
   (3) Residential lots where frontage along
a public street is impractical due to physical
site restraints. Access to lots shall occur via
a shared driveway within a tract. The tract
shall have no adverse impacts to surround-
ing properties or roads and may only be ap-
proved if it meets the following criteria:
        (a) Does not exceed 250 feet in length,
        (b) If the tract exceeds 150 feet in
length, it has a turn around facility as ap-
proved by the Fire Marshal for fire and life
safety,
        (c) The tract does not serve more than
6 lots,
        (d) A public street is not needed to pro-
vide access to other adjacent properties as
required by TDC Chapter 74,
        (e) A recorded document providing for
the ownership, use rights, and allocation for
liability for construction and maintenance has
been submitted to the City Engineer prior to
issuance of a building permit, and
        (f) Access easements have been pro-
vided to all properties needing access to the
driveway.
   (4) Lots in the Manufacturing Park Plan-
ning District which have access to the public
right-of-way in accordance with TDC 73.400
and TDC Chapter 75 via permanent access
easement over one or more adjoining prop-
erties, creating uninterrupted vehicle and pe-
destrian access between the subject lot and
the public right-of-way. [Ord. 1054-00 §1, 08/14/00.]




                                            36 - 23     (Revised 06/10)

								
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