ORDINANCE NO. .2 7AN ORDINANCE PROVIDING FOR SUBDIVISION AND LAND PARTITIONINGSTANDARDS AND PROCEDURES FOR THE CITY OF WALLOWA.

WHEREAS, the following standards prescribing procedures forsurveying, platting and recording subdivision and major and minor parti-tions in the City of Wallowa, Wallowa County, Oregon, are authorized andin conformance with Oregon Revised Statutes, Chapter 92 and 227; and

WHEREAS, all proceedings and hearings have been held before theCity ColIncil of the City of Wallowa as required by statute and said CityCouncil finds that it is in the public interest to provide standards forthe subdivision or partitioning of land in the City of Wallowa, now,therefore:,

THE CITY OF WALLOWA DOES ORDAIN AS FOLLOWS:

CHAPTER 1. INTRODUCTORY PROVISIONS.

Section O1. Short Title. This ordinance may be cited as "Subdivisionand Partitioning Ordinance of the City of Wallowa, Wallowa County, Oregon."

Section 102. Purpose. In their interpretation and application, the provisionsof this ordinance shall be held to be the minimum requirement adopted for thepublic health, safety, and welfare. It is further provided to carry out theintent of the City of Wallowa's Comprehensive Land Plan and to promote orderlygrowth, consistent with the purposes of the plan.

Section 103. Scope of Regulations. All subdivision plats and majorpartition maps created within the limits of the City of Wallowa shall beapproved in accordance with these regulations. A person desiring tosubdivide land or desiring to partition land by creation of a street shallsubmit tentative plans and final documents for approval as required by thisordinance and O.R.S. Chapter V2.

Section 104. Definitions. As used in this ordinance and all amendments'included hereafter the following words and phrases shall mean:

1. Building Line. A line on a plat or map indicating the limit beyondwhich buildings or structures may not be erected.

2. City. The City of Wallowa.

3. Comprehensive Plan. The land use plan for the City of Wallowa andall amendments thereto.,

4. Council. The City Council of the City of Wallowa.

5. Easement. The grant of the right to use a strip of land for specificpurposes.

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6. Lot. A unit of land that is created by subdivison of land.

(a)Corner Lot. A lot or portion thereof situated at theintersection of two or more streets.

(b)Reversed Corner Lot. A corner lot, the side street lineof which is substantially a continuation of the front lineof the first lot to its rear.

(c)Through Lot. A lot having frontage on two parallel orapproximately parallel streets other than alleys.

7. m42. A final diagram, drawing or other writing concerning amajor partition.

8. Parcel. A unit of land that is created by a partitioning of land.

9. Partition. Either an act of partitioning land or an area or tractof land partitioned as defined in this section.

(a)Major Partition. A partition which includes the creation ofa street.

(b)Minor Partition. A partition that does not include thecreation of a street.

10. Partition Land. To divide an area of tract of land into two orthree parcels within a calendar year when such area or tract ofland exists as a unit or continguous units of land under singleownership.at the beginning of such year. "Paritition land" doesnot include division of land resulting from lien foreclosures,divisions of land resulting from the creation of cemetery lots;and division of land made pursuant to a court order, including butnot limited to court orders in proceedings involving testate orintestate successions and "partition lafid" does not include anyadjustment of a lot line by the relocation of a common boundarywhere an additional parcel id not created and where the existingparcel reduced in size by the adjustment is not reduced below theminimum lot standards of the zoning ordinance of the City.

11. Pedestrian Way. A right of way for pedestrian traffic.

12. Person. A natural person, being, partnership, association, socialor fraternal organization, corporation, trust, estate, receiver,syndicate, branch of government, or any group or combination actingas a unit.

13. Plat. The final map, diagram, drawing, replat or other writingcontaining all the descriptions, locations, specifications, dedi-cations, provisions and information concerning a subdivision.

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14. Recorder. City Recorder of Wallowa.

15. Street. A public or private right of way which provides ingressand egress to adjacent properties for vehicular, pedestrian, publicutilities and such other uses. The term "street" shall include suchdesignations as "highways," "road," "lane," "avenue," "alley,""court," or other such similar terms.

(a) Alley. A narrow street, not more than 20 feet wide, providinga secondary means of access to private property.

Ib) Arterial. A street of considerable continuity which is primarilya traffic artery for intercommunications among large areas.

(c)Collector. A street accumulating traffic from minor streetsand routing it to an arterial street.

(d)Cul.de -sac. A short, dead-end street with vehicular turn-around at or near the dead-end.

(e)Dead-end Street. The same as Cul-de-sac, usually longer,which may be extended, and with no turnaround at the presentdead-end.

(f)Half Street. A portion of the ultimate width of a street,usually along the edge of a subdivision, where the remainingportion of the street could be provided in another subdivision.

(g)Minor Street. A street intended primarily for access to abuttingproperties.

16. Subdivide Land.more lots withinexists as a unitat the beginning

To divide.an area or tract of land into four ora calendar year when such area or tract of landor contiguous units of land under a single ownershipof such year.

17. Subdivision. Either an act of subdividing land or an area ortract of land subdivided as defined in this section.

CHAPTER 2. FILING PROCEDURES FOR TENTATIVE PLANS.

Section 201. Submission of Tentative Subdivision Plan. Whenever it isproposed to subdivide land, those persons responsible for said subdivisionshall prepare and submit, at least five (5) copies of the tentative plan tothe City Recorder's office at least fifteen (15) days prior to the Council'sregularly sceduled meeting. The tentative plan shall contain such informa-tion as indicated below.

Section 202. Scale. The tentative plan of a subdivision shall be on a scaleof one inch equals 100 feet or, for areas over 100 acres, one inch equals200 feet.

Section 203. General Information. The following information shall be shownon the tentative plan of a subdivision:

1. Name of Subdivision. The name of any proposed subdivisionshall not be the same as or similar to any name used on a recordedplat within Wallowa County as required by O.R.S. 92.090 and shallbe approved by the Council.

2. Date, northpoint and scale of drawing.

3. An indication of the drawing as a tentative plan.

4. The township, range, and section in which the subdivision is located.

5. The names and addresses of the owner(s), subdivider, and engineer orsurveyor responsible for laying out the subdivision.

6. The location and dimensions of all existing or proposed streetswithin and adjacent to the proposed subdivision.

7. The location and approximate dimensions of proposed lots and the. proposed lot and block numbers.

8. Proposed sites, if any, allocated for purposes other than single-family dwellings.

9. Existing uses and significant natural features of the property andlocations of existing structures to remain on the property afterplatting.

10. All parcels of land intended to be dedicated for public use or re-served in the deeds for the use of all property owners in the proposedsubdivision or major partition, together with the purpose of conditionsor limitations of such reservation, if any.

11. Location of any significant drainage ways or easements in or adjacentto the proposed subdivision.

12. Countour lines related to some established bench work or other datumapproved by the City engineer, if deemed necessary by the Council.

Section 204. Supplemental Information.

1. Water Supply. A brief statement indicating proposed source ofwater, estimated pressure, and other related water service facilities.

2. Sewage Disposal. A brief statement indicating proposed methods ofsewage disposal, storm drainage, and data pertinent thereto.

3. Public Utilities. The location and kind of existing and proposedpublic utilities in or adjacent to the subdivision.

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4. Ownership. A preliminary title report issued by a title insurancecompany indicating all owners of record may be necessary asdetermined by the Council.

5. Additional Information. Such other information as deemed necessaryby the Council to comply with the intent of this ordinance shall befurnished by the subdivider.

Section 205. Preliminary Review of Tentative Plan. Upon receipt, theCity Recorder shall furnish one copy of a tentative plan and supplementaryinformation to the city engineer or manager and such other agencies as areknown to be affected, including but not limited to irrigation districts,special water districts and fire districts.

Section 206. Approval of Subdivision Plan.

1. Within forty (40) days from the first meeting of the Councilfollowing submission of a tentative plan of a subdivision, theCouncil shall review the plan and the reports of appropriateofficials, agencies and districts. The Council may approve thetentative plan as submitted or as it may be modified in conformancewith this ordinance. If the Council does not approve the plan, itshall so express its disapproval and its reasons therefor in writingto the subdivider.

2. No plan or map shall be approved unless it complies with O.R.S. 92.Said approval of the tenative plan shall indicate approval of thefinal plat, provided, however, that no substantial changes are madein the subdivision and that the subdivider complies with the require-ments of this ordinance.

CHAPTER 3. FINAL PLAT.

Section 301. Submission of the subdivision Plat. Within one year afterapproval of the tentative plan, the subdivider shall cause the subdivisionor any part thereof to be surveyed and a plat prepared in conformance withand indicating, the same information as the tentative plan as approved.Extensions may be granted if necessary.

Section 302. Action On Final Plan. A subdivision plat, when ready forfinal approval prior to recording, shall be substantially in accord with theapproved tentative plan. Before approval by the Council, the final platshall indicate the signatures of all persons set out in theabdication, thesignatures of the mortgagees, if any, the signature of the County Surveyor,the signature of the County Assessor, and the seal of the registered professionalengineer or registered land surveyor responsible for the laying out of thesubdivision. All signatures must be with black, India ink. The plat shall bepresented and prepared on such material as required by O.R.S. 92.080. Thefinal plat, when presented for approval thereof by the Council, shall beaccompanied by an exact duplicate copy. The Council shall withhold finalapproval of the plat until a field check of the subdivision has been made as

required by O.R.S. 92.100. The final plat may contain all or only a portionof the approved tentative plan. If the Council does not approve the plat,it shall advise the subdivider of the changes or additions that must be madeand shall afford him an opportunity to make corrections. If the Councildetermines that the plat conforms to all requirements, as specified by thisordinance, it shall give its approval, provided supplemental documents andprovisions for required improvements are satisfactory.

Section 303. Time Limit for Recording of a Plat. Within ninety (90) daysafter the date the last required approving signature has been obtained, thesubdivider shall record the final plat or a portion thereof as provided inSection 304. Failure to record within the ninety (90) day period may causethe subdivision to be declared null and void, unless otherwise expressed bythe COuncil.

Section 304. Partial Platting. If desired by the subdivider, the final platmay contain only a portion of the approved preliminary plan, and if such portionis filed and recorded as provided in Section 303. The approval of the pre-liminary plan shall remain effective for a period of one year unless extendedby the COuncil.

CHAPTER 4. PARTITIONING PROCEDURE.

Section 401. Submission of a Major Partition Plan. A partition resultingin the creation of a street shall be submitted, in a reproducible form,to the City Recorder, and shall be approved by the Council in accordance withthe provisions of this ordinance.

Section 402. General Information. The following information may be requiredwhen submitting, for the Council's approval, a plan for a major partition:

1. North point, scale and date.

2. Names and addresses of land owners, mortgagees', if any, thedeveloper and the engineer or surveyor responsible for the surveyingand preparation of the description for each parcel involved.

3. A plan of the proposed partitioning showing parcel dimensions,bearings of all lines, area of each parcel and the names of existingand proposed streets.

4. Topography, when considered necessary by the Council.

5. Legal description.

6. A statement regarding contemplated water supply and sewage disposalfor each tract.

7. Such additional information as the Council deems necessary withinthe intent of this ordinance.

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Section 403. Final Approval of a Major Partition. When an Application fora major partition conforms to the requirements of Section 402 of this ordinance,one translucent map, 18" x 24" in size, shall be submitted to the Council.Approval of a submitted plan shall be final when properly endorsed by theCouncil and no other plan need be submitted.

Section 404. Submission and Approval of a minor Partition. Whenever acreagetracts or parcels are partitioned without the creation of a street, finalapproval may be obtained from the City Recorder without submission to theCOuncil, provided, however, the following conditions are met;

1. The proposed parcels conform to the minimum lot size requirementof the zoning ordinance.

2. The proposed parcels conform to the provisions of the comprehensiveplan.

3. The proposed parcels conform to the general provisions of thisordinance.

It is further provided that the City Recorder may, if considered necessary,defer approval to the Council..

CHAPTER 5. GENERAL REGULATIONS AND DESIGN STANDARDS.

Section 501. Streets. The location, width and grade of streets shall beconsidered in their relation to existing streets in the vicinity of theproposed subdivision or major partition, to the topographical conditions,and to the proposed use of land to be served by the streets and shall be,wherever possible, prolongation of existing center lines. Streets shouldintersect at or as near right angles as practicable. These regulations maybe modified where the Council determines that topography, or the small numberof lots or parcels involved or other unusual conditions, justify such modi-fication. If not otherwise indicated in the comprehensive plan or a capitalimprovement's plan, streets shall conform to the standards AS follows:

1. Minimum right of way and roadway width.

Type of Street Minimum right of waywidth

Arterial 100 feet

Collector Street 60 feet

Minor Street 60 feet

Cul-de-sac (minimum length 100 feet) 50 feet

Temporary dead-end in donformance with theexisting and proposed

right of wayAlleys 20 feet

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2. Street Grades. No street grade shall be in excess of eight per centunless the Council finds that, because of topographic conditions, asteeper grade isrecessary.

3. Reserve Block. ReserVe blocks controlling the access to public waysor which will not prove taxable for special improvement may berequired by the Council, but will not be approved unless such stripsare necessary for the protection of the public welfare or of sub-stantial property rights, or both, and in no case, unless the landcomprising such strips is placed in the name of the City of Wallowafor disposal and dedication for street or road purposes wheneversuch disposal or dedication has the approval of the Council or suchother person as may have jurisdiction.

4. Additional Rights of Way. where topographical requirements necessitateeither cuts or fills for the proper grading of the streets, additionalTight of way shall be required to allow all cut and fill slopes to bewithin the rights of way.

5. Street Names. Except for extensions of existing street, no streetname shall be used which will duplicate or be confused with the nameof an existing street. Street names and numbers shall conform to theestablished pattern in the City and shall be subject to the approvalof the Council.

6. Street Dedftation. If an area or unit of land to be subdividedor partitioned includes a portion of a right of way, highway or road,the location of which has been determined by the City, but which hasnot been acquired by the City, the person subdividing or partitioningsaid land shall dedicate such right of way,highway or road for thepurpose or use proposed. In no instance shall a subdivider be requiredto dedicate more than twenty-five per cent of the total land area ofthe subdivision.

7. Radius at Street Intersection. The property line radius at streetintersections shall be approved by the City Engineer.

8. Two-Level Streets. Where it is determined that two-level streetsbest serve hillside tracts, the right of way shall be of sufficientwidth to provide on each level, space for one sidewalk, plus a minimumwidth of 20 feet for roadway, curbs, and drainage facilities. Betweenthe two street levels and out to the right of way lines there shall bespace for all cut and fill slopes.

9. Street Improvements. All plans and specifications for street improve-ments, including pavement, curbs, sidewalks and surface drainage shallbe approved by the Council prior to the construction. Approval ofthe subdivision may be withheld until the Council is satisfied thatall of the following improvements will be completed;

(a)Clearing and grading to full right of way limits.

(b)Storm drainage facilities both within and outside of right of

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way limits.

(c) Base and leveling materials shall be provided to the followingminimum specifications:

(1)Base material to consist of a suitable four inch minusrock compacted to a minimum thickness of between 8" to 12".

(2)A leveling course to consist of 2" of a suitable selectthree-quarter minus crushed tock.

(d) Paving shall be provided as follows:

(1) A minimum of 2" of asphaltic concrete paving.

(e) Curbs and sidewalks shall be installed according to minimumspecifications as prescribed by the Council.

Section 502. Subdivision Blocks. Subdivision blocks, block lengths andwidths shall be determined by giving consideration to the following factors:

1. The distance and alignment of existing blocks and streets adjacentto or in the general vicinity of a proposed subdividlion.

2. Topography.

3. Adequate lot size.

4. Need for and direction of the flow of through and local traffic.Provided, however, that in no instance shall the block width beless than 200 feet.

Section 503. Nidblock Walks. Where topographic or other conditions makeit necessary or desirable, the Council may require a walk through a block ona public right of way of such width, at such location and of such materialor materials as the Council may specify.

Section.504. Lot Size. All lots and parcels shall conform to minimumsestablished in the City of Wallowa Zoning Ordinance.

In Cul-de-sacs the minimum lot or parcel line fronting the turnaround shallbe 50 feet and, in no case, shall the lot or pacel width be less than 60 feetat the building line. If topography, drainage or other conditions justify,the Council may require a greater area on any or all lots or pacels.

Anexception to the minimum lot size shall be applied to lots not served bya public service. In such cases, the lot size shall permit compliance withthe requirements of the Department of Environmental Quality and other factorsdeemed to be in the best interest of the public's health.

Section 505. Curved Front Lot Lines. When front lot lines are on a curveor arc, the front line distance shall be indicated on the final plat by bearingand chord distance.

Section 506. Lot Line. Side lot or parcel lines shall be as close toright angles to the front street line as practicable. Unless otherwise approved,rear lot lines shall be not less than one-hilf the width of the front lot lines.

Section 507. Building Lines along Streets. Unless otherwise approved becauseof some unusual topographic or other conditions, minimum building lines shallbe in accordance with setback requirements of the zone in which the sub-division or partition is located.

Section 508. Public Survey Monuments. Any donation land claim, corner,section corner, or other official survey monument within or on the boundaryof a proposed subdivision shall be accurately referenced in accordance withO.R.S. 92.

Section 509. Sewage Disposal. Unless otherwise approved, all lots or parcelsshall be serviced by the City's sewage system. In the event it is impracticalto connect the subdivision to the City trunk system, the Council may authorizethe use of septic tanks in accordance with the Department of EnvironmentalQuality's regulations governing subsurface disposal of sewage.

Section 510. Water Supply: The subdivider shall be responsible for provid-ing water lines and fire hydrant to each lot or parcel and connecting the sub-division to City mains, as required by the COuncil. Adequate water pressure,as determined by the Oregon State Board of Health, will be provided to eachlot by the developer mid as specified and approved by the City Council.

Section 511. Underground Facilities. All permanent utility services to lotsin a subdivision shall be provided from underground fatalities and no overheadutility service to a subdivision shall be permitted. The subdivider shall beresponsible for complying with the requirements of this section and shall:

1. Obtain all necessary permits for the placement of all undergroundfacilities.

2. Make all necessary arrangements with utility companies and otherpersons or corporations affected by the installation of suchunderground lines and facilities in accordance with the rules andregulations of the Public Utility Commissioner of the State of Oregon.

3. Underground easement for utilities shall be provided for by thesubdivider and set forth on the final plat. Each easement shallbe a minimum of ten feet in width and, when possible, centered ona bordering lot line.

Section 512. Improvement Guarantee. The Council may, if deemed so necessary,execute an agreement with or require bonding of the subdivider to have any orall of the above improvements provided by the subdivider before the parcelswithin the proposed subdivision are offered to the general public for sale.

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CHAPTER 6. SPECIAL PROVISIONS.

Section 601. Exceptions in Case of a Planned Unit Development. The standardsand requirements of these regulations may be modified by the Council in thecase of a planned unit development.

Section 602. Variance Application. The Council may authorize conditionalvariances to requirements of this ordinance. A variance may be granted onlyin the event that all of the following circumstances exist:

1. Exceptional or extraordinary circumstances apply to the propertywhich do not apply generally to other properties in the same vicinityand result from tract size or shape, topography or other circumstances.

2. The variance is necessary for the preservation of a property rightof the applicant substantially the same as owners of other propertyin the same vicinity possess.

3. The variance would not be materially detrimental to the purposesof this ordinance, or to property in the same vicinity in whichthe property is located, or otherwise conflict with the objectivesof the City , plan or policy.

4. The variance is the minimum variance which would alleviate thehardship.

In requesting a variance, the applicant should submit a written statementspecifying the reasons and conditions a specific variance should be submittedto the Council before the presentation of the final plat. In grantingor denying a variance, the Council shall make a written record of its findingsand facts. Such findings shall be kept on file as a matter of public record.

Section 603. Flood Plain. In all areas identified by the Department ofHousing and Urban Development as being within a flood zone A on the City'sFlood Hazard Boundary Map, and in addition to the requirements of Chapter 5of this ordinance, it shall be the developer's responsibility to furnishbase flood elevation data on all subdivision proposals and other proposed newdevelopments greater than fifty (50) lots or five (5) acres, whichever is thelesser. All public facilities and utilities shall be so designed and locatedas to minimize or eliminate the infiltration of flood waters.

Section 604. Appeal. Any person may appeal a decision made by the Council.The appeal shall be filed with the office of the City Recorder within ten (10)days of the CounCil's action, requesting further review by the Council of theproposal. If necessary, a person may use the procedures as provided inO.R.S. 34.010 to 34.100.

Section 605. Severability. The provisions of this ordinance are severable.If a section, sentence, clause or phrase of this ordinance is , adjudged by acourt of competent jurisdiction to be invalid, the decision shall not affectthe validity of the remaining portions of this ordinance.

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Mayor

Section 606. Applicability. This ordinance shall be applicable to alllands within the corporate limits of the City of Wallowa, Oregon.

Section 607. Penalties for Violation. In addition to penalties provided byState law, a person who violates or fails to comply with the provisions ofthis ordinance shall, upon donviction thereof, be punished by a fine of notmore than Five Hundred Dollars ($500.00) or by imprisonment for not more thanone hundred (100) days, or both. A violation of this ordinance shall beconsidered a separate offense for each day the violation continues.

Section 608. Establishment of a Planning Commission. If and when the Cityconsiders it desirable to establish a planning commission, as provided inO.R.S. 227, the referral, recommendatory and subsequent appeal provisionsnormally attributed to a commission may be transfered from the COuncil inmatters relating to the enforcement of this ordinance.

Section 609. Fees. The following fees shall be required by the Council andsuch fees will be paid to the City Recorder prior to the filing of thetentative plan or partition:

1. Tentative Plan - $30.00 plus $2.00 per lot, for each lot.

2. Major and minor partition application - $20.00 plus $2.00 perparcel, for each parcel.

Section 610. Effective Date. This ordinance shall be in full force and effecton the 30th day after being enacted.

ENACTED by Council Resolution in Wallowa, Oregon, this Si day of

727 ("1---4-4--4 1977.

DATED this JP day of , 1977.

Attest:

lieCi y Recorder

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