Chapter 17.05
GENERAL PROVISIONS
Sections:
17.05.020 Authority and purpose.
17.05.050 Enforcement and penalties.
17.05.060 Interpretation, conflict and rules of construction.
17.05.070 Variances and exceptions.
17.05.080 Land divisions and property line adjustments.
17.05.090 Approval of streets and ways.
17.05.100 Issuance of building permits.
17.05.010 Title.
This title shall be known and may be cited as the “Land Division Ordinance” of the city of Rainier. (Ord. 974 § 4 (Exh. A.2 § 100), 1998)
17.05.020 Authority and purpose.
A. The ordinance codified in this title is adopted pursuant to the authority delegated to the city of Rainier under the Oregon Constitution, Article XI, Section 2; ORS Chapter 92; and the city of Rainier charter, as amended.
B. The purpose of this title is to protect the public health, safety and general welfare while allowing for efficient development of property and to implement the requirements of the Rainier comprehensive plan, RMC Title 18 and other applicable regulations. (Ord. 974 § 4 (Exh. A.2 § 110), 1998)
17.05.030 Definitions.
As used in this title:
“City” means the city of Rainier, Oregon.
“Double frontage lots” are lots that front on two or more public rights-of-way, but are not corner lots.
“Easement” means a grant of a right to use certain land for specific purposes.
“Flag lot” means a lot or parcel that has access to a public road, street, or easement by means of a narrow strip of lot or easement.
“Lot” means a unit of land that is created by a subdivision of land.
“Owner” means the holder of title to the property subject to application for subdivision or partition.
“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.
“Partition land” means to divide land into two or three parcels of land within a calendar year, but does not include:
1. A division of land resulting from a foreclosure or creation of cemetery lots;
2. 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 RMC Title 18.
“Partition plat” means a final map containing all the descriptions, locations, specifications, provisions and information concerning a partition.
“Plat” means a final subdivision plat, replat or partition plat.
“Property line adjustment” means the relocation of a common property line between two abutting properties.
“Right-of-way” means land or interest therein which by written agreement or usage or process of law is reserved for or dedicated to the use of the public for public purposes.
“Street” 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.
“Subdivide land” means to divide land into four or more lots within a calendar year.
“Subdivision” means either an act of subdividing land or an area or a tract of land subdivided.
“Subdivision plat” means a final map containing all the descriptions, locations, specifications, provisions and information concerning a subdivision. (Ord. 1020 (Exh. A), 2005; Ord. 974 § 4 (Exh. A.2 § 120), 1998)
17.05.040 Jurisdiction.
A. The provisions in this title shall be applicable throughout the city.
B. Unless otherwise specified the requirements of this title shall apply to subdivisions, partitions and property line adjustments. (Ord. 974 § 4 (Exh. A.2 § 130), 1998)
17.05.050 Enforcement and penalties.
A. The superintendent of public works shall be responsible for enforcement of the provisions of this title.
B. A violation of any of the provisions of this title, or offering to sell, contracting to sell or selling land or an interest in land, contrary to the provisions of this title, or contrary to the subdivision or partition plat, or the survey map of the property line adjustment, is unlawful and a civil infraction. (Ord. 974 § 4 (Exh. A.2 § 140), 1998)
17.05.060 Interpretation, conflict and rules of construction.
A. The provisions of this title shall be interpreted and applied as the minimum requirements. Requests for interpretations of the provisions of this title shall be submitted in writing to the public works superintendent and shall be subject to approval by the planning commission.
B. Where the conditions imposed by or under any provisions of this title appear to conflict with conditions imposed by any other provisions of this title or of any other applicable law, ordinance, resolution, rule or regulation of any kind, the method or condition which imposes the more restrictive or higher standard or requirement shall be construed as governing.
C. Unless this title indicates otherwise, the principles of statutory construction contained in ORS 174.040 (severability), 174.100 (definitions), 174.110 (singular or plural number, masculine, feminine or neuter gender), and 174.120 (computation of time) are adopted and incorporated by this reference. (Ord. 974 § 4 (Exh. A.2 § 150), 1998)
17.05.070 Variances and exceptions.
A. When necessary, variances to the requirements set forth in this title shall be in accordance with procedures set forth for variances to RMC Title 18.
B. For subdivisions, the variance shall be considered as part of the subdivision plan approval process.
C. For partitions and property line adjustments the variance shall be considered and decided at any time prior to the recommended decision being issued. (Ord. 974 § 4 (Exh. A.2 § 160), 1998)
17.05.075 Flag lots.
A. Partitions involving the creation of flag lots in residential zones shall be approved in accordance with the Rainier zoning code Type II procedures, RMC 18.160.030, and Chapter 17.15 RMC, Procedure for Partitioning, and in accordance with the following flag lot standards:
1. The partition does not cause undue harm to adjacent property owners.
2. The access for flag lots shall be a minimum of 15 feet wide with a 12-foot all-weather driving surface in accordance with fire department requirements. For drives serving two lots, there shall be a minimum all-weather surface width of 15 feet to the rear line of the first lot, and 12 feet to the second lot. Drives shared by adjacent properties are encouraged and shall have a 15-foot-wide all-weather driving surface.
3. Flag drives shall be constructed so as to prevent surface drainage from flowing over sidewalks or other public ways. Flag drives shall be in the same ownership as the flag lots served. If a drive is shared between owners, there shall be provided a joint driveway access easement and maintenance agreement to assure legal access and adequate maintenance of the drive.
4. Flag drives shall not exceed a minimum grade of 15 percent.
5. Flag drives greater than 250 feet in length shall provide an adequate turnaround for emergency vehicles.
6. Flag lot drives shall meet applicable driveway separation standards, as per pertinent local, county or state driveway spacing standards.
7. Front and rear setbacks correspond to lot depth and side yards correspond to lot width.
B. A site plan of the flag lot partition shall be submitted illustrating the following:
1. The location of all structures in the partition.
2. The location of driveways, turnarounds and parking spaces.
3. Landscaping or screening adjoining the drive.
4. Unless impractical for the area, install public and private utilities underground.
C. No more than two lots are to be served by the flag drive.
D. For the purpose of meeting the lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage requirements of the zoning district. (Ord. 1020 (Exh. A), 2005; Ord. 974 § 4 (Exh. A.2 § 165), 1998)
17.05.080 Land divisions and property line adjustments.
A. All land divisions shall be created by a subdivision or partition plat and must comply with ORS Chapter 92 and this title.
B. All property line adjustments shall be executed by deed and must comply with ORS Chapter 92 and this title.
C. No subsequent land division or property line adjustment shall be approved on the same lot or parcel until the previously approved land division or property line adjustment has been filed and recorded in accordance with the provisions of this title, or the previous approval is withdrawn, modified or otherwise invalidated. (Ord. 974 § 4 (Exh. A.2 § 170), 1998)
17.05.090 Approval of streets and ways.
A. The subdivision or partition plat shall provide for the dedication of all public rights-of-way, reserve strips, easements, tracts and accessways, together with public improvements therein approved and accepted for public use.
1. The applicant shall comply with the requirements for rights-of-way dedications and street improvements as determined by the public works superintendent on the basis of the Rainier comprehensive plan, RMC Title 18, the public improvement requirements contained in Chapter 17.30 RMC and other applicable policies and regulations.
2. The applicant shall comply with the design and construction standards set forth in the public works design standards.
3. The applicant shall provide evidence to the city that property intended to be dedicated to the public is free of all liens, encumbrances, claims and encroachments.
B. The subdivision or partition plat shall indicate the ownership and location of private easements and tracts, and the ownership and location of private improvements within public rights-of-way and easements.
C. Approval of the subdivision or partition plat by the city shall constitute acceptance of all public rights-of-way, reserve strips, easements, tracts and pathways shown thereon, as well as public facilities located therein. (Ord. 974 § 4 (Exh. A.2 § 180), 1998)
17.05.100 Issuance of building permits.
A. Except as provided in subsection E of this section, no building permits or permits to connect to city utility services shall be issued for lots within a subdivision or partition plat until the public works superintendent has determined that the corresponding public improvements are substantially complete to assure that the health and safety of the citizens will not be endangered from inadequate public facilities.
B. Subject to submittal and approval of, and compliance with, the subdivision plan, as well as sufficient security to assure completion of the public portions of the subdivision, the applicant or individual lot owners within the subdivision may receive a building permit or utility service for not more than 50 percent of the platted lots within the subdivision prior to:
1. The completion of all required public improvements in accordance with the public works construction code; and
2. The acceptance of the public improvements by resolution of the city council.
C. No building permits shall be issued or utility service approved for any lot which together with previously approved lots would exceed 50 percent of the platted lots within the subdivision until:
1. All required public improvements have been completed in accordance with the public works construction code; and
2. The public improvements have been accepted by resolution of the city council.
D. City approval for use of a public improvement prior to the final approval and acceptance by the city of the subdivision plat shall not be construed as a release or waiver of any security which has been filed to assure compliance with the subdivision plan approval or any related agreements.
E. Notwithstanding the foregoing subsections in this section, for subdivisions in multifamily, commercial or industrial zoning districts, the public works superintendent may authorize building permits to be issued prior to the public improvements being substantially complete provided such permit is conditioned to:
1. Deny occupancy until the public improvements in the subdivision are complete; and
2. Deny occupancy until the public improvements are accepted by resolution of the city council. (Ord. 974 § 4 (Exh. A.2 § 190), 1998)