Chapter 17.25 IMPROVEMENTS, DESIGN AND DEVELOPMENT STANDARDS

The following improvements are summarily required in subdivisions and major partitions, and may be applied to minor partitions as conditions for approval and shall be installed at the expense of the subdivider:

(1) Water Supply. Lots within a subdivision shall be served by City water supply system conforming to City specifications.

(2) Sewage. All lots shall be served by the City sewage disposal system conforming to City specifications.

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

(4) Streets. The location, design, and construction of streets and accesses shall conform to the standards of MCC 18.150.020. The applicant shall grade and improve streets in the subdivision and the extension of such streets to the paving line of existing streets with which such streets intersect in accordance with City specifications.

(5) Pedestrian and Bicycle Facilities. The location, design, and construction of pedestrian amenities and bicycle facilities shall conform to the standards of MCC 18.150.020. Sidewalks shown on the street sections shall be installed as located on those sections as a result of the subdivision or major partition.

(6) Monuments. Monuments shall be installed in accordance with City standards and ORS 92.060.

(7) Service Utilities. Before approval shall be given of any plat or plan of any subdivision, the applicant shall install all service utilities in underground conduits and provide for necessary easements as set forth in this title.

(8) Above-Ground Utility Prohibited. In all new subdivisions in the City of Monmouth hereafter approved by the Commission, it shall be unlawful for any service utility or utilities to be installed or used above the surface of the ground except on a temporary basis upon a special permit issued by the Building Official. No use under such a special permit shall extend for more than six months from the date of issue of the first permit therefor.

(9) Manner of Installation. All service utilities installed as herein provided shall be installed at a depth and in the manner conforming to City specifications. (Amended by Ord. 1275, June 16, 2009. Code 1983 § 97.255.)

17.25.020 Improvement procedures.

In addition to other requirements, improvements shall conform to the requirements of this title and improvement standards or specifications adopted by the City and shall be installed in accordance with the following procedure:

(1) Work shall not be commenced until plans have been reviewed for adequacy and approved by the City. To the extent necessary for evaluation of the subdivision proposal, the plans may be required before approval of the final map or plat. All plans shall be prepared in accordance with acceptable engineering standards.

(2) Work shall not be commenced until the City has been notified in advance, and if work has been discontinued for any reason it shall not be resumed until the applicant notifies the City.

(3) Required improvements shall be inspected by and constructed to the satisfaction of the City. The City may require changes in typical sections and details if unusual conditions arising during the construction warrant such change in the public interest.

(4) Underground utilities, television cables, telephone lines, sanitary sewers and storm drains installed in streets by the applicant shall be constructed prior to the surfacing of the streets. Stubs for service connections for underground utilities; television cable, telephone line, and sanitary sewers shall be placed to lengths that will avoid the need to disturb street improvements when service connections are made.

(5) A map showing public improvements as built shall be filed with the City Engineer upon completion of the improvements. (Code 1983 § 97.260.)

17.25.030 Specifications for improvements.

Specifications for improvements shall be adopted by or under authority of City ordinance. (Code 1983 § 97.265.)

17.25.040 Principles of acceptability.

Subdivisions and major partitions shall conform to any development plans and shall take into consideration tentative plans made in anticipation thereof. Subdivisions and major partitions shall conform to the requirements of state law and the standards established by this title. (Code 1983 § 97.270.)

17.25.050 Blocks.

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

(2) Size. No block shall be more than 600 feet in length between street corner lines and 1,600 feet in perimeter unless it is adjacent to a major arterial street or unless the topography or the location of adjoining streets justifies an exception. The recommended minimum length of blocks along a major arterial street is 1,300 feet. This standard may be decreased where the City finds it necessary and desirable to allow more local street connections such as in the Main Street district zone, i.e., downtown setting.

(3) Public Accessways. When necessary for public convenience and safety, the Planning Commission shall require the land divider to dedicate public accessways to connect to cul-de-sacs; to pass through oddly shaped or unusually long blocks; to provide for networks of public paths according to adopted plans; or to provide access to schools, parks or other public areas of such design, width, and location as reasonably required to facilitate public use. Where possible, said dedications may also be employed to accommodate users as included in subsection (4) of this section.

(4) Easements for Utilities. Dedication of easements for storm water sewers, and for access thereto for maintenance, in order to safeguard the public against flood damage and the accumulation of surface water, and maintenance and dedication of easements for other public utilities, may be required of the land divider at sufficient widths for their intended uses, by the Planning Commission along lot or parcel rear lines or side lines, or elsewhere as necessary to provide needed facilities for present or future development of the area in accordance with the purpose of this title. Such easements shall be dedicated to the public as a public utility easement for the underground installation and maintenance of all service utilities that may be required. (Code 1983 § 97.280.)

17.25.060 Lots.

(1) Size. Lot sizes shall conform to the Zoning Ordinance. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street parking and service facilities required by the type of use contemplated. For new residential lots, lot size averaging may be used pursuant to subsection (7) of this section.

(2) Access. Each lot shall abut upon a street other than an alley for a width of at least 25 feet.

(3) Through Lots. Lots which front on two parallel streets shall be avoided except where they are essential to provide separation of residential development from major traffic arteries or adjacent nonresidential activities or to overcome specific disadvantages or topography and orientation. A planting screen easement at least 10 feet wide may be required along the line of lots abutting such a traffic artery or other incompatible use. Access across such easements shall be limited to pedestrian facilities and bikeways.

(4) Lot Side Lines. The side lines of lots, as far as practicable, shall run at right angles to the street upon which the lot or parcel face except that on curved streets they shall be radial to the curve. Where incident solar radiation is a consideration, a side lot line may vary from the above requirement if the variation will improve solar access.

(5) General Requirements.

(a) Width. Widths of lots shall conform to the standards of the Zoning Ordinance.

(b) Depth. Each lot and parcel shall have an average depth between the front and rear lines of not more than two and one-half times the average width between side lines. Widths of lots shall conform to the standards of the Zoning Ordinance. The City will review parcels with unusual configurations that may not be able to meet the depth standard on a case-by-case basis.

(6) Flag Lots. Flag lots shall be subject to the following development standards:

(a) At the time of land division review for a flag lot creation, the front yard shall be determined as follows:

The front yard of a flag lot is measured from the lot line that is parallel and closest to the street, excluding the pole or access flag portion of the flag lot. If this standard is not practicable due to placement of structures on adjacent lots, topography, lot configuration, or similar reasons, then the front yard shall be measured from a property line that is perpendicular to the street.

(b) Flag Lot Accessways.

(i) Flag lot accessways shall meet the following:

(A) Be a minimum of 20 feet in width when serving one or two lots;

(B) Be a minimum of 25 feet when serving three or four lots;

(D) When serving more than one flag lot, the accessway width shall be divided equally between the lots. Each lot shall provide an access and maintenance easement for its portion of the accessway.

(ii) The accessway shall not be included in the calculation of lot area for purposes of determining compliance with any minimum lot size provision of the Zoning Ordinance.

(iii) The length of the accessway for residential zoned properties shall not exceed 200 feet.

(c) The minimum lot depth for flag lots shall be 80 feet. The lot depth shall be measured at the mid-point of the front lot line.

(7) Lot Size Averaging in Land Divisions. When creating new residential lots through land division, individual lots shall be considered in compliance with minimum lot size requirements if the average of the areas of all the lots in the land division meets the minimum requirement for the base zone in which the land division is located, provided:

(a) That no individual lot therein shall be reduced more than 30 percent from the minimum required lot size per the base zone; and

(b) A reduction of up to 30 percent of the required lot width may be applied to reduced lots, provided that lots created for townhomes shall not be reduced below 20 feet in width. (Amended by Ord. 1260, January 3, 2008; Ord. 1408, § 1 (Exh. A), May 2, 2023. Code 1983 § 97.285.)

17.25.070 Lot grading.

Lot grading shall conform to the following standards unless physical conditions demonstrate the propriety of other standards:

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

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

(3) The character of soil for fill and the characteristics of lots made usable by fill shall be suitable for the purposes intended. (Code 1983 § 97.290.)

17.25.080 Suitability for intended use.

All lots and parcels shall be suitable for the purpose for which they are intended. No lot or parcel shall be of such size or design as to be detrimental to the health, safety, energy, or sanitary needs of the residents of the subdivision or partition, or of such lot or parcel, in accordance with the purpose of this title. (Code 1983 § 97.295.)

17.25.090 Building lines.

If special building setback lines are to be established in the subdivision they shall be shown on the subdivision plat or, if temporary in nature, they shall be included in the deed restrictions. (Code 1983 § 97.300.)

17.25.100 Future subdivision or partition of lots or parcels.

Where the subdivision or partition will result in a lot or parcel one-half acre or larger in size, which in the judgment of the Planning Commission is likely to be further divided in the future, the Planning Commission may require that the location of lot and parcel lines and other details of layout be such that future division may readily be made without violating the requirements of this title, and without interfering with orderly extension of adjacent streets. Any restriction of buildings within future street locations shall be made a matter of record. (Code 1983 § 97.310.)

17.25.110 Platting and mapping standards – Drainage.

Where land in a subdivision or partition is or will be periodically subject to accumulations of surface water, or is traversed by any watercourse, channel, stream, or creek, the Planning Commission may require the applicant to provide for adequate unrestricted drainage over land by dedicating to the public easements. The Planning Commission shall approve the easements for protection of such needs by conveying ownership of such drainage purposes to the City or to an incorporated drainage district, or domestic water supply district within which such land may be located. (Code 1983 § 97.315.)

17.25.120 Platting and mapping standards – Railroads.

(1) Crossings. Special requirements may be imposed by the Planning Commission. These include, but are not limited to, provisions for separation of street and railroad grades, connection with any railroad crossing which will immediately affect the safety of the residents of the subdivision or partition, and the protection of such residents and the safety of the general public in accordance with the purpose of this title.

(2) Subdivision or Partition Adjacent to Right-of-Way. Where the subdivision or partition is adjacent to a railroad right-of-way, and the surrounding economic and physical conditions indicate such property will be used for industrial purposes in the normal growth of the community, all streets shall be located at a sufficient distance from said right-of-way to allow for reasonable sites for industrial use adjacent to said right-of-way. (Code 1983 § 97.320.)

17.25.130 Platting and mapping standards – Partial development.

Where the subdivision or partition includes only a part of the area owned by the applicant, the Planning Commission may require a sketch of a tentative layout of streets in the remainder of said ownership. (Code 1983 § 97.325.)

17.25.140 Submitting specifications.

The City Engineer shall prepare and submit to the City Council specifications and amendments thereto for construction of streets and alleys, construction of curbs and gutters, dedication of slope easements for streets and alleys, construction of drainage facilities, and construction of pedestrian ways in subdivisions and partitions. Such specifications shall conform to proper engineering standards relevant thereto, and be so devised as to facilitate provision for the health, safety and welfare needs of the City and area affected, in accordance with the purpose of this title. (Code 1983 § 97.335.)

17.25.150 Procedure.

The procedure of preparing, submitting, and adopting all such specifications and amendments thereto, including notice and hearing, shall conform to that required by law for the enactment of ordinances. (Code 1983 § 97.340.)

17.25.160 Adoption of specifications.

Upon adoption by the City Council of any such specifications and amendments thereto, as from time to time may be submitted by the City Engineer, a copy thereof shall be filed with the City Recorder for the use and information of the general public. (Code 1983 § 97.345.)

17.25.170 Improvements – Water supply.

All lots and parcels within subdivisions and partitions shall be served by the water system of the City of Monmouth. (Code 1983 § 97.350.)

17.25.180 Improvements – Sewage.

All lots and parcels within subdivisions and partitions shall be served by the sewage system of the City of Monmouth. (Code 1983 § 97.355.)

17.25.190 Improvements – Land and surface drainage.

Such grading shall be done and drainage facilities shall be constructed by the land divider as are adequate for the purpose of proper drainage of the partition or subdivision, of areas affected thereby, and for the preservation of healthful and convenient surroundings and conditions for residents of the subdivision or partition, and for the general public, in accordance with specifications adopted by the City Council. (Code 1983 § 97.360.)

17.25.200 Improvements – Streets and alleys.

The land divider shall grade and pave all streets and alleys in the subdivision or partition to the width specified in this title and provide for drainage of all such streets and alleys, and construct curbs and gutters within the subdivision or partition in accordance with specifications adopted by the City Council. Such improvements shall be constructed to specifications of the City under the supervision and direction of the City Engineer. (Code 1983 § 97.365.)

17.25.210 Improvements – Existing streets.

A subdivision or partition abutting or adjacent to an existing road of inadequate width shall dedicate additional right-of-way to the width specified in this title. (Code 1983 § 97.370.)

17.25.220 Improvements – Sidewalks.

Sidewalks shall be located and constructed in accordance with the provisions of this title. (Code 1983 § 97.375.)

17.25.230 Improvements – Pedestrian ways.

A walk strip, not less than five feet in width, shall be paved in the center of all dedicated pedestrian ways. Such paving shall conform to specifications adopted by the City Council. (Code 1983 § 97.380.)

17.25.240 Application for an exception or variance.

(1) Application for an exception or variance shall be submitted concurrently with submitting a tentative plan to the City for consideration and approval. An applicant may submit an application for variance of any provision of this title.

(2) When necessary, the Planning Commission may authorize conditional variances to the requirements of this title. Application for a variance shall be made by petition of the subdivider, stating fully the grounds for the application. The petition shall be filed with the preliminary map of the partition or plat of the subdivision. Before a variance may be granted, the Planning Commission shall first determine:

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

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

(c) That the variance complies with the spirit and intent of these regulations and will not be detrimental to the public health, safety, and welfare or injurious to other property in the vicinity.

(d) That the practical difficulties resulting to the applicant for the variance have not been caused by the applicant. (Code 1983 § 97.385.)

17.25.250 Consideration of the application by the Planning Commission.

If the Planning Commission determines from the evidence deemed necessary and competent that the circumstances specified in this title have been shown to exist, the Commission shall allow a variance of such provisions referred to in such application to such extent and on such terms and conditions as considered proper, in accordance with the purpose and intent of this title. Said allowance is also contingent upon approval of the tentative plan with findings as required by this title. (Code 1983 § 97.390.)

17.25.260 Planning Commission action on variances.

In granting a variance, the Planning Commission shall make a written record of its findings and shall specifically describe the variance and any conditions that the Commission may designate. The City shall keep the findings on file as a matter of public record. (Code 1983 § 97.395.)

17.25.270 Streets – Exceptions.

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

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

(b) The tract in which the street is to be dedicated is an isolated ownership on one acre or less.

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

(2) In those cases where approval of a street may be given without full compliance with the regulations applicable to subdivision, a copy of the proposed deed shall be submitted to the City at least five days prior to the Planning Commission meeting at which consideration is desired. The deed and such information as may be submitted shall be reviewed by the Planning Commission and, if not in conflict with the standards of MCC 17.25.040 through 17.25.230, shall be approved with such conditions as are necessary to preserve these standards. (Amended by Ord. 1320, § 1 (Exh. A), June 18, 2013. Code 1983 § 97.400.)

17.25.280 Subdivision of existing manufactured dwelling parks or mobile home parks.

(1) Subdivision of an existing manufactured dwelling park or mobile home park shall be approved provided:

(a) The park is in compliance with all standards for a manufactured dwelling park or is an approved nonconforming use. A park is in compliance if the City has not issued a written notice of noncompliance on or before July 2, 2001;

(b) The tentative subdivision plan does not increase the number of lots approved for the park, change the boundary lines or setback requirements, or make other development changes; and

(2) A subdivision of an existing manufactured home park or mobile home park is not required to meet the minimum lot size, frontage, setback requirements, or street standards of the Monmouth Zoning Ordinance, with the following exception:

(a) New structures located within yards abutting properties outside of the subdivision must meet all setback requirements or be approved for a variance.

(3) A subdivision of an existing manufactured home park or mobile home park shall be subject to formation of a homeowners’ association for continued maintenance of streets and open space areas within the subdivision. (Code 1983 § 97.405.)

17.25.290 Expedited land division definition and approval criteria.

(1) An expedited land division:

(a) Is an action of a local government that:

(i) Includes land that is zoned for residential uses and is within an urban growth boundary.

(ii) Is solely for the purposes of residential use, including recreational or open space uses accessory to residential use.

(iii) Does not provide for dwellings or accessory buildings to be located on land that is specifically mapped and designated in the comprehensive plan and land use regulations for full or partial protection of natural features under the statewide planning goals that protect:

(A) Open spaces, scenic and historic areas and natural resources; or

(B) The Willamette River Greenway.

(iv) Satisfies minimum street or other right-of-way connectivity standards established by the Monmouth Zoning Ordinance or, if such standards are not contained in the applicable regulations, as required by statewide planning goals or rules.

(v) Creates enough lots or parcels to allow building residential units at 80 percent or more of the maximum net density permitted by the zoning designation of the site.

(b) Is a land division that:

(i) Will create three or fewer parcels under ORS 92.010; and

(ii) Meets the criteria set forth for an action under subsection (1)(a) of this section.

(2) An expedited land division as described in this section is not a land use decision or a limited land use decision under ORS 197.015 or a permit under ORS 215.402 or 227.160.

(3) The provisions of this section apply to all elements of the Monmouth Comprehensive Plan and land use regulations applicable to a land division, including any planned development standards and any procedures designed to regulate:

(a) The physical characteristics of permitted uses;

(b) The dimensions of the lots or parcels to be created; or

(c) Transportation, sewer, water, drainage and other facilities or services necessary for the proposed development, including but not limited to right-of-way standards, facility dimensions and on-site and off-site improvements.

(4) An application for an expedited land division shall describe the manner in which the proposed division complies with each of the provisions of subsection (1)(a) of this section. (Code 1983 § 97.410.)

17.25.300 Application for expedited land division – Notice requirements – Procedure.

(1) When requested by an applicant for an expedited land division, in lieu of the procedure set forth in the Monmouth Zoning Ordinance, the City shall use the following procedures for an expedited land division:

(a) If the application for expedited land division is incomplete, the City shall notify the applicant of exactly what information is missing within 21 days of receipt of the application and allow the applicant to submit the missing information. For purposes of computation of time under this section, the application shall be deemed complete on the date the applicant submits the requested information or refuses in writing to submit it.

(b) If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted.

(2) The City shall provide written notice of the receipt of the completed application for an expedited land division to any state agency, local government or special district responsible for providing public facilities or services to the development and to owners of property as per type of land division (i.e., subdivision, 300 feet; partitions, 200 feet). The notification list shall be compiled from the most recent property tax assessment roll. For purposes of appeal to the referee under MCC 17.25.320, this requirement shall be deemed met when the City can provide an affidavit or other certification that such notice was given. Notice shall also be provided to any neighborhood or community planning organization recognized by the City or Polk County and whose boundaries include the site.

(3) The notice required under subsection (2) of this section shall:

(a) State:

(i) The deadline for submitting written comments;

(ii) That issues that may provide the basis for an appeal to the referee must be raised in writing prior to the expiration of the comment period; and

(iii) That issues must be raised with sufficient specificity to enable the City to respond to the issue.

(b) Set forth, by commonly used citation, the applicable criteria for the decision.

(d) State the place, date, and time that comments are due.

(e) State a time and place where copies of all evidence submitted by the applicant will be available for review.

(f) Include the name and telephone number of a local government contact person.

(g) Briefly summarize the local decision-making process for the expedited land division decision being made.

(4) After notice under subsections (2) and (3) of this section, the City shall:

(a) Provide a 14-day period for submission of written comments prior to the decision.

(b) Make a decision to approve or deny the application within 63 days of receiving a completed application, based on whether it satisfies the substantive requirements of the City’s land use regulations. An approval may include conditions to ensure that the application meets the applicable land use regulations. For applications subject to this section, the City:

(i) Shall not hold a hearing on the application; and

(ii) Shall issue a written determination of compliance or noncompliance with applicable land use regulations that includes a summary statement explaining the determination. The summary statement may be in any form reasonably intended to communicate the local government’s basis for the determination.

(c) Provide notice of the decision to the applicant and to those who received notice under subsection (2) of this section within 63 days of the date of a competed application. The notice of decision shall include:

(i) The summary statement described in subsection (4)(b)(ii) of this section; and

(ii) An explanation of appeal rights under MCC 17.25.320. (Code 1983 § 97.415.)

17.25.310 Failure to approve or deny application within specified time.

(1) Except as provided in subsection (2) of this section, if the City does not make a decision on an expedited land division with 63 days after the application is deemed complete, the applicant may apply in the Polk County Circuit Court for a writ of mandamus to compel the City to issue the approval. The writ shall be issued unless the City shows that the approval would violate a substantive provision of the applicable land use regulations or the requirements of MCC 17.25.290. A decision of the circuit court under this section may be appealed only to the Court of Appeals.

(2) After seven days’ notice to the applicant, the City may, at a regularly scheduled public meeting, take action to extend the 63-day time period to a date certain for one or more applications for an expedited land division prior to the expiration of the 63-day period, based on a determination that an unexpected or extraordinary increase in applications makes action within 63 days impracticable. In no case shall an extension be to a date more than 120 days after the application was deemed complete. Upon approval of an extension, the provisions of MCC 17.25.290 to 17.25.330, including the mandamus remedy provided by subsection (1) of this section, shall remain applicable to the expedited land division, except that the extended period shall be substituted for the 63-day period wherever applicable.

(3) The decision to approve or not approve an extension under subsection (2) of this section is not a land use decision or limited land use decision. (Code 1983 § 97.420.)

17.25.320 Appeal of decision on application for expedited land division – Notice requirements – Standards for review – Procedure – Costs.

(1) An appeal of a decision made under MCC 17.25.290 and 17.25.300 shall be made as follows:

(a) An appeal must be filed with the City within 14 days of mailing of the notice of the decision under MCC 17.25.300(4), and shall be accompanied by the appropriate fee for costs.

(b) A decision may be appealed by:

(i) The applicant; or

(ii) Any person or organization who files written comments in the time period established under MCC 17.25.300.

(i) Of violation of the substantive provisions of the applicable land use regulations;

(ii) Of unconstitutionality of the decision;

(iii) That the application is not eligible for review under MCC 17.25.290 to 17.25.330 and should be reviewed as a land use decision or limited land use decision; or

(iv) That the parties’ substantive rights have been substantially prejudiced by an error in procedure by the local government.

(2) The City shall appoint a referee to decide the appeal of a decision made under MCC 17.25.290 and 17.25.300. The referee shall not be an employee or official of the local government. However, if the City has designated a hearings officer under ORS 215.406 or 227.165, the City may designate the hearings officer as the referee for appeals of a decision made under MCC 17.25.290 and 17.25.300.

(3) Within seven days of being appointed to decide the appeal, the referee shall notify the applicant, the City, the appellant if other than the applicant, any person or organization entitled to notice under MCC 17.25.300(2) that provided written comments to the City and all providers of public facilities and services entitled to notice under MCC 17.25.300 and advise them of the manner in which they may participate in the appeal. A person or organization that provided written comments to the City but did not file an appeal under subsection (1) of this section may participate only with respect to the issues raised in the written comments submitted by that person or organization. The referee may use any procedure for decision-making consistent with the interests of the parties to ensure a fair opportunity to present information and argument. The referee shall provide the City an opportunity to explain its decision but is not limited to reviewing the City’s decision and may consider information not presented to the City.

(4)(a) The referee shall apply the substantive requirements of the applicable land use regulations and MCC 17.25.290. If the referee determines that the application does not qualify as an expedited land division as described in MCC 17.25.290, the referee shall remand the application for consideration as a land use decision or limited land use decision. In all other cases, the referee shall seek to identify means by which the application can satisfy the applicable requirements.

(b) The referee may not reduce the density of the land division application. The referee shall make a written decision approving or denying the application, or approving it with conditions designed to ensure that the application satisfies the land use regulations, within 42 days of the filing of an appeal. The referee may not remand the application to the City for any reason other than as set forth in this subsection.

(5) Unless the City finds exigent circumstances, a referee who fails to issue a written decision within 42 days of the filing of an appeal shall receive no compensation for service as referee in the appeal.

(6) Notwithstanding any other provision of law, the referee shall order the City to refund the deposit for costs to an appellant who materially improves his or her position from the decision of the local government. The referee shall assess the cost of the appeal in excess of the deposit for costs, up to a maximum of $500.00, including the deposit paid under subsection (1) of this section, against an appellant who does not materially improve his or her position from the decision of the City. The City shall pay the portion of the costs of the appeal not assessed against the appellant. The costs of the appeal include the compensation paid the referee and costs incurred by the City, but not the costs of other parties.

(7) The Land Use Board of Appeals does not have jurisdiction to consider any decision, aspects of decisions or actions made under MCC 17.25.290 to 17.25.330.

(8) Any party to a proceeding before a referee under this section may seek judicial review of the referee’s decision in the manner provided for review of final orders of the Land Use Board of Appeals under ORS 197.850 and 197.855. The Court of Appeals shall review decisions of the referee in the same manner as provided for review of final orders of the Land Use Board of Appeals in those statutes. However, notwithstanding ORS 197.850(9) or any other provision of law, the court shall reverse or remand the decision only if it finds:

(a) That the decision does not concern an expedited land division as described in MCC 17.25.290 and the appellant raised this issue in proceedings before the referee; or

(b) That the decision is unconstitutional. (Amended by Ord. 1320, § 1 (Exh. A), June 18, 2013. Code 1983 § 97.425.)

17.25.330 Application fees for expedited land division.

Application fees for expedited land division shall be the same as for subdivisions if more than three lots will be created, and the same as for partitions if less than four lots will be created. (Code 1983 § 97.430.)