Division I. Subdivisions
Chapter 17.05
GENERAL PROVISIONS
Sections:
17.05.030 Compliance required.
17.05.050 Property line adjustments.
17.05.060 Appeal to council authorized.
17.05.010 Short title.
This chapter shall be known and may be cited as the “subdivision and land partitioning ordinance” of the city of Garibaldi, Oregon. [Ord. 215 § 1, 1994.]
17.05.020 Purpose.
The purpose of this chapter is to enact subdivision and land partitioning regulations for the city which will provide for better living conditions within new land divisions; assure necessary streets, utilities and public areas and provide for their installation or improvement; enhance and secure property values in land divisions and adjacent land; simplify and make land descriptions more certain and in general to promote the health, safety, convenience and general welfare of the people of Garibaldi. [Ord. 215 § 2, 1994.]
17.05.030 Compliance required.
No person shall subdivide or partition an area or tract of land without complying with the provisions of this chapter.
A. No person shall sell any lot in a subdivision or a parcel in a partition until the plat of the subdivision or partition has approval and is recorded with the recording officer of Tillamook County.
B. No person shall negotiate to sell any lot in a subdivision or a parcel in a partition until a tentative plan has been approved.
C. No person subdividing or partitioning a parcel of land shall lay out, construct, open or dedicate thereon a street, waste disposal system, storm sewer, water supply or other improvements for public or common use unless the partitioning has received preliminary and construction plan approval pursuant to the provisions of this chapter. [Ord. 215 § 3, 1994.]
17.05.040 Definitions.
As used in this chapter, unless the context otherwise requires, the following words and phrases shall mean:
“Building line” means a line on a plat or map indicating the limit beyond which buildings or structures may not be erected.
“City” means the city of Garibaldi, a municipal corporation of the state of Oregon, where the provision involves a duty owed the city in either its governmental or its corporate capacity; otherwise, that officer, department or agency of the city indicated by the context, or, where the context does not clearly indicate a specific officer, department or agency, then the city recorder.
“City engineer” means the duly appointed city engineer of the city of Garibaldi.
“City planner” means the duly appointed city planner of the city of Garibaldi.
“City recorder” means the duly appointed administrative officer of the city of Garibaldi or a person designated by the city council to fulfill the obligations set forth in this chapter.
“Comprehensive plan” means plans, maps, reports, or any combination thereof, adopted by the city council for the guidance of growth and improvement of the city, including modifications or refinements which may be made from time to time.
“Easement” means a grant of the right to use a strip of land for a specific purpose.
“Lot” means a unit of land that is created by a subdivision of land.
A. “Corner lot” means a lot of which at least two adjacent sides abut intersecting streets for their full length.
B. “Reversed corner lot” means a corner lot, the side street line of which is substantially a continuation of the front line of the first lot to its rear.
C. “Through lot” means a lot having frontage on two parallel or approximately parallel streets other than an alley.
“ORS” means Oregon Revised Statutes (state law).
“Parcel” means a unit of land that is created by a partitioning of land.
“Partition” means either an act of partitioning land or an area or tract of land partitioned as defined in this section.
“Partition land” means to divide land into two or three parcels of land within a calendar year, but does not include:
A. A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots;
B. An adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment complies with any applicable zoning ordinance requirements; or
C. A sale or grant by a person to a public agency or public body for state highway, county road, city street or other right-of-way purposes, provided such road or right-of-way conforms with the comprehensive plan and ORS 215.213(2)(g) through (s) and 215.283(2)(p) through (r). However, any property divided by the sale or grant of property for state highway, county road, city street, or other right-of-way purposes shall continue to be considered a single unit of land until such time as the property is further subdivided or partitioned.
“Partition plat” means a final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a major or minor partition.
“Pedestrian way” means a right-of-way for pedestrian traffic.
“Person” means a natural person, firm, partnership, association, social or fraternal organization, corporation, trustee, estate, receiver, syndicate, branch of government, or any group or combination acting as a unit.
“Planning commission” means the city planning commission of the city of Garibaldi.
“Plat” means a final subdivision plat, replat or partition plat.
“Public works superintendent” means the duly appointed public works director of the city of Garibaldi.
“Replat” means the act of platting the lots, parcels, and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.
“Right-of-way” means the area between boundary lines of a street or other easement.
“Road” means a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land.
“Roadway” means the portion of a street right-of-way developed for vehicular traffic.
“Sidewalk” means a pedestrian walkway with permanent surfacing.
“Street” means a public or private way being the entire width from lot line to lot line that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land and including the term “street,” “road,” “highway,” “lane,” “avenue,” “alley,” or similar designations. Streets may be classified as follows:
A. “Alley” means a narrow street through a block which affords only secondary means of access to abutting property at the rear or sides thereof.
B. “Arterial” means a street of considerable continuity which is primarily a traffic artery for intercommunication among large areas.
C. “Collector” means a street supplementary to the arterial street system and a means of intercommunication between this system and a small area; used to some extent for through traffic and to some extent for access to abutting properties.
D. “Cul-de-sac” means a short street having one end open to traffic and being terminated by a vehicle turnaround.
E. “Half street” means the dedication of a portion only of the width of a street, usually along the edge of a subdivision where the remaining portion of a street has been or could later be dedicated in another subdivision.
F. “Local street” means a street designed to provide access to local traffic and to route users to collector roadways.
G. “Marginal access street” means a minor street parallel and adjacent to a major arterial street providing access to abutting properties, but protected from through traffic.
H. “Minor street” means a street intended primarily for access to abutting properties.
“Subdivide land” means to divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year.
“Subdivider” means any individual, partnership, firm or group which undertakes the subdividing of a lot, tract, or parcel of land for the purpose of transfer of ownership or development and including changes.
“Subdivision” means either an act of subdividing land or an area or tract of land subdivided as defined in this section.
“Subdivision plat” means a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.
“Waste disposal system” means the combination of a building sewer and cesspool or a building sewer and septic tank or other treatment facility and effluent sewer and absorption facility. [Ord. 273 § 1, 2003; Ord. 215 § 4, 1994.]
17.05.050 Property line adjustments.
A property line adjustment is the modification of lot boundaries when no lot is created or removed. The application submission and approval process is as follows:
A. Submission Requirements. All applications for property line adjustment shall be made by written request and shall include: a preliminary lot line map drawn to scale identifying all existing and proposed lot lines and dimensions; footprints and dimensions of existing structures (including accessory structures); location and dimensions of driveways and public and private streets within or abutting the subject lots; location of sensitive lands and significant vegetation; existing fences and walls; and any other information deemed necessary by the city planning official or designee for ensuring compliance with city codes.
B. Approval Process.
1. Review. Property line adjustments shall be reviewed using approval criteria contained in subsection (C) of this section. The director of public works shall be notified of lot line adjustments that may affect property access or traffic volumes or operations on their facilities.
2. Time Limit. The property line adjustment approval shall be effective for a period of one year from the date of approval, during which time it must be recorded.
3. Lapsing of Approval. The property line adjustment approval shall lapse if:
a. The property line adjustment is not recorded within one year;
b. The property line adjustment has been improperly recorded with Tillamook County without the satisfactory completion of all conditions attached to the approval; or
c. The final recording is a departure from the approved plan.
C. Approval Criteria. The city planning official or designee shall approve or deny a request for a property line adjustment in writing based on all of the following criteria:
1. Status Quo. No additional lot is created or removed by the lot line adjustment;
2. Conformity to Land Uses. The proposed changes shall conform to the applicable standards of the zone and overlay zones affecting the lots. This includes lot area, dimensions, setbacks and coverage, and that no resulting lot is wholly comprised of a flood hazard area or jurisdictional wetland; and
3. Conformity to Staff Requirements. All lots shall conform to the requirements of the director of public works and the fire chief for driveway access, utility access, storm water drainage and emergency vehicle access.
D. Recording Property Line Adjustments.
1. Recording. Upon the city's approval of the proposed property line adjustment, the applicant shall record the property line adjustment with Tillamook County within one year of approval and submit a copy of the recorded survey map to the city, to be filed with the approved application.
2. Time Limit. The applicant shall submit a copy of the recorded property line adjustment survey map to the city within 15 days of recording and prior to the issuance of any building permits on the reconfigured lots.
E. Extension. The city shall, upon written request by the applicant and payment of the required fee, grant a written extension of the approval period not to exceed one year provided that:
1. No Changes to Property Line. No changes are made to the original property line adjustment as approved by the city;
2. Intent. The applicant can show intent of recording the approved plan within the one-year extension period;
3. No Changes to Land Use. There have been no changes in the applicable code or plan provisions on which the approval was based. In the case where the property line adjustment conflicts with a code change, the extension shall be denied; and
4. Timing. The extension request is made before expiration of the original approved plan. [Ord. 291 § 2, 2006; Ord. 215 § 5, 1994.]
17.05.060 Appeal to council authorized.
Appeal may be made to the city council for any decision, determination or requirement of the planning commission, city recorder, planner, engineer, or building official issued pursuant to the provisions of this chapter. The appeal and hearing procedure shall be as follows:
A. Appeal may be made to the city council from any decision or requirement of the planning commission, city recorder or public works superintendent. Written notice of the appeal and accompanying nonrefundable filing fee deposit which shall be set by resolution of city council must be filed with the city recorder within 20 days after the decision or requirement is made. The notice of appeal shall state the nature of the decision or requirements and the grounds for the appeal.
B. The city council, following the filing of an appeal, shall set a time for a hearing on the appeal and shall give notice to the planning commission, applicant, or other affected party. The hearing shall be conducted in accordance with the requirement of GMC 17.35.020. Following the hearing, the council may uphold, overrule or modify the decision or requirement made by the planning commission if the decision of the city council complies with the intent and purpose of these requirements. The disposition of the appeal shall be final.
C. The city council may also consider any action or ruling of the planning commission on its own initiative, provided a majority of the city council files a written request for such consideration with the city recorder within 20 days after the planning commission has rendered its decision. Such request shall be treated as an appeal in subsection B of this section. [Ord. 291 § 1, 2006; Ord. 215 § 6, 1994.]