The purpose of this chapter is to provide rules, regulations, and standards governing approval of land partitions.
(Ord. 17-22 §2; Ord. 22-06 §2)
A. 
Conformance with state statute. All land partition proposals must comply with all state regulations as provided in ORS Chapter 92, Subdivision and Partitions.
B. 
Special flood hazard area dedications. Where land filling or development is allowed within and adjacent to the special flood hazard area outside the zero-foot rise floodway, the city will require the dedication of sufficient open land area for a greenway adjacent to and within the special flood hazard area. This area will include portions at a suitable elevation for the construction of a path, sidewalk, or trail within the special flood hazard area as provided in the adopted trails plan or transportation plan.
C. 
Prohibition on sale of lots. Sale of lots created through the land partitioning process is prohibited until the final partition plat is recorded.
D. 
Conditions. Lots created using the dimensional standards for cottage cluster, courtyard unit, quad, and rowhouse development must record a deed restriction that prohibits any type of development other than the type proposed with the subdivision application. This deed restriction cannot be removed except through another lot creation or modification process, other than a sublot plat.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)
A. 
Approval through two-step process. A land partition application requires a two-step process: the preliminary plat and the final plat.
1. 
Preliminary plat. A preliminary plat application is processed through a Type II procedure, as provided in Section 18.710.060.
2. 
Final plat. The preliminary plat must be approved before the final plat can be submitted for approval. The final plat must satisfy all conditions of approval imposed as part of the preliminary plat approval.
B. 
Approval period. Expirations and extensions of approvals are provided in Subsection 18.20.050.G.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 20-01 §1; Ord. 22-06 §2)
The approval authority will approve or approve with conditions an application for a land partition when all of the following are met:
A. 
The proposed preliminary plat must comply with all applicable standards and provisions of this title and the Tigard Municipal Code;
B. 
There must be adequate public facilities available to serve the proposed lots;
C. 
The proposed lots must comply with the lot standards as provided in Chapter 18.805 Lot Standards, except that maximum lot sizes are increased by 20% for small form residential development.
D. 
All pre-existing buildings and structures must meet the setback requirements provided in the applicable development standards chapter in 18.200 Residential Development Standards or 18.300 Nonresidential Development Standards.
E. 
Where a common drive is to be provided to serve more than one lot, a reciprocal easement that will ensure access and maintenance rights must be recorded with the approved partition plat.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 18-28 §1; Ord. 19-09 §1; Ord. 20-01 §1; Ord. 22-06 §2)
A. 
Submittal. All final plats applications for land partitions must provide three copies of the final plat prepared by a land surveyor or engineer licensed to practice in Oregon, and any necessary data or narrative. The final plat must incorporate any conditions of approval imposed as part of the preliminary plat approval.
B. 
Standards. The final plat and data or narrative must be drawn to the standards provided in the Oregon Revised Statutes (ORS 92.05) and by Washington County.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)
A. 
Acceptance of dedications. The City Engineer will accept the proposed right-of-way dedication prior to recording a land partition.
B. 
Acceptance of public easements. The City Engineer will accept all public easements shown for dedication on partition plats.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)
A. 
Recording requirements. Upon approval of the proposed partition, the applicant must record the final partition plat with Washington County and submit a copy of the recorded survey map to the city, to be incorporated into the record. This plat must be recorded with any deed restrictions required as a condition of approval.
B. 
Time limit. The applicant must submit the copy of the recorded partition survey map to the city prior to the issuance of any development permits on the newly created lots.
(Ord. 17-22 §2; Ord. 18-23 §2; Ord. 22-06 §2)