HILLSBORO SUBDIVISION ORDINANCE
ORDINANCE NO. 2808-7-77
AN ORDINANCE REGULATING THE SUBDIVISION AND MAJOR AND MINOR PARTITIONING OF LAND IN THE CITY OF HILLSBORO; REQUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF TENTATIVE AND FINAL SUBDIVISION PLATS AND PARTITION MAPS FOR SUCH PURPOSE; SETTING FORTH THE PROCEDURE TO BE FOLLOWED BY THE PLANNING COMMISSION IN APPLYING THESE RULES, REGULATIONS AND STANDARDS; ESTABLISHING FEES; PRESCRIBING PENALTIES FOR THE VIOLATION OF THESE PROVISIONS; AND REPEALING ORDINANCE NOS. 1707, 2487-2-72, 2661-8-74 AND ANY OTHER ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.
The City of Hillsboro does ordain as follows:
ARTICLE I
Section 1. Title. This ordinance shall be known as the subdivision ordinance of the City of Hillsboro, Oregon.
Section 2. Purpose. In order to accomplish the orderly development of land within the corporate limits of the City of Hillsboro and to promote and protect the public health, safety and welfare, the City of Hillsboro deems it necessary to enact this ordinance pursuant to ORS 92.0101 TO 92.245 AND 92.990 as amended by Chapter 643 Oregon Laws, 1975, inclusive, entitled “Plats and Subdivisions” and all laws now or subsequently amendatory thereto.
Section 3. Definitions. As used in this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein.
(1) Access. The ability to cross between public and private property.
(2) County. Washington County, Oregon.
(3) Development review committee. Committee charged with coordinating the diverse aspects of reviewing tentative plats comprised of City Manager designees, including the City Planning Director or his representative and a minimum of two designees selected from the City Engineer, Building Superintendent, Public Works Director, Fire Chief, Fire Marshal and Police Chief.
(4) Easement. A right to the use of real property granted by the owner to specific persons, firms, corporations or the public.
(5) Final plat. A plat of a subdivision prepared for filing with the County, first submitted to the City for Planning Commission approval, containing the elements and requirements et forth in this ordinance and applicable State law.
(6) Green Streets. Public or private streets designed to allow roadways to better manage stormwater runoff quantity and quality within the right-of-way over the long term. Design elements and facilities that can be used to accomplish this include, but are not limited to, minimizing paving and/or using pervious paving materials, maximizing street tree coverage, using multi-functional open drainage systems in lieu of more conventional curb-and-gutter systems, reducing cul-de-sac radii and using vegetated islands in the center. (Added by Ord. No. 5728/3-07)
(7) Habitat Benefit Areas. In accordance with the Tualatin Basin Fish & Wildlife Habitat Program, areas shown on Metro’s Regionally Significant Fish and Wildlife Habitat Inventory map as containing Classes I, II, and III riparian corridors/wildlife habitat and Class A Upland Wildlife Habitat. (Added by Ord. No. 5728/3-07)
(8) Light rail station site. Land currently or eventually to be owned or leased by Tri-Met, on which facilities will be located related to a light rail station stop, such as the station platform, a park-and-ride lot, bus stops, and other similar facilities. Station site locations shall be determined by the City of Hillsboro in the manner set out in Section 135 of the Zoning Ordinance (Ord. No. 1945, as amended). For determining distance from a given light rail station site boundary, measurement shall be made from the nearest boundary of the station site to the point of interest to which measurement is being made. Maps to be used in making this determination shall be the current Washington County Tax Assessors Maps and, as applicable, the most recent right-of-way maps drawn for the Westside Light Rail Project or the Hillsboro Extension of the Westside Light Rail Project. (Added by Ord. 4466/8-96.)
(9) Lot. A unit of land that is created by a subdivision of land.
(10) Major partition. A division of land into two or three parcels within a calendar year which involves the creation of a road or street.
(11) Map. A final diagram, drawing or other writing concerning a major partition or a minor partition.
(12) Minor partition. A division of land into two or three parcels, within a calendar year, which does not involve the creation of a road or street.
(13) Nearby. When used in connection with bicycle and pedestrian access, means uses within one-half mile distance of such access which can reasonably be expected to be used by pedestrians. (Added by Ord. 4466/8-96.)
(14) Neighborhood activity center. Neighborhood activity centers include, but are not limited to, existing or planned parks, schools shopping areas, employment centers, transit stops, recreational centers, meeting rooms, theaters, museums, and other pedestrian oriented land uses that attract or are capable of attracting a significant level of daily pedestrian usage. (Added by Ord. 4466/8-96.)
(15) Net Buildable Area. The area of a parcel of land or the aggregate of contiguous parcels under the same ownership remaining after deducting any portion of the parcel or aggregate of parcels with one or more of the following characteristics:
a. Required for dedications of public rights-of-way and easements, and for internal streets required for fire access;
b. Areas necessary to accommodate truck loading docks, along with the minimum amount of maneuvering area necessary to safely utilize such a loading dock;
c. Required stormwater treatment and detention facilities;
d. Required usable open space land whether included on the subject site or as a prorated share of aggregated usable open space or common areas applied to and credited towards the subject site, and any land dedicated to the City for parks or greenways;
e. Optional open space within inventoried Significant Natural Resource Areas or in proximity to inventoried Cultural Resource structures;
f. Delineated wetlands, and vegetated corridors as required by Clean Water Services;
g. Any area or facility where occupancy is prohibited for safety reasons, such as electrical transformer platforms, industrial chemical and/or gas storage areas, or other similar hazardous facility or area; and
h. Any land with slopes of twenty-five percent (25%) or greater or within the most current mapped 100-year floodplain (as referenced in Section 131 of the Zoning Ordinance), unless used for building or parking purposes.
(Amended by Ord. No. 5780/8-07.)
(16) Parcel. A unit of land that is created by a partitioning of land.
(17) Partition. Either an act of partitioning land or an area or tract of land partitioned.
(18) Partition land. To divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units of land under single ownership at the beginning of such year. However, partition land does not include: division of land resulting from lien foreclosures, creation of cemetery lots, divisions of land made pursuant to court order, including but not limited to estate or intestate succession, or the adjustment of a lot line by the relocation of a common boundary where the change does not conflict with requirements established in the zoning ordinance of the City of Hillsboro.
(19) Pedestrian/bicycle accessway, or Accessway. Any off-street path or way designed and constructed for use by pedestrians and bicyclists which provides direct routes within and from new subdivisions and planned unit developments to other residential areas, transit streets, shopping areas and neighborhood activity centers where such routes are not otherwise provided by the street system. Pedestrian/bicycle accessways through parking lots are generally physically separated from adjacent vehicle parking, parallel vehicle parking, of vehicular traffic by curbs or similar devices and include landscaping, trees and lighting. Where pedestrian/ bicycle accessways cross driveways, they are generally raised, paved or marked in a manner that provides for convenient and recognized access for pedestrians. (Added by Ord. 4466/8-96.)
(20) Pedestrian connection. A continuous, unobstructed, reasonably direct route between two points that is intended and suitable for pedestrian use. Pedestrian connections include but are not limited to sidewalks, pedestrian walkways, pedestrian/bicycle accessways, stairways and pedestrian bridges. On developed parcels, pedestrian connections are generally hard-surfaced. In parks and natural areas, pedestrian connections may be soft-surfaced pathways. Where site conditions are favorable to stormwater infiltration, the City encourages, where technically feasible and appropriate the use of pervious pedestrian pathway. (Added by Ord. No. 4466/8-96 and Amended by Ord. No. 5728/3-07.)
(21) Planning Commission. The Planning Commission of the City of Hillsboro.
(22) Planning Director. The Planning Director of the City of Hillsboro or the Planning Director's designee. (Added by Ord. No. 4466/8-96.)
(23) Plat. A map, diagram, drawing, replat or other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.
(24) Property Line Adjustment. The relocation of a common boundary line between two or more abutting properties, which does not create an additional lot or parcel, and which does not reduce the areas or dimensions of existing lots or parcels, or the setbacks of structures thereon, below the minimum standards established by the applicable zone. (Added by Ord. No. 5780/8-07.)
(25) Public improvements. The physical structures and facilities that are developed, owned and maintained by public agencies to house governmental functions and provide water, power, waste disposal, transportation and similar services in accordance with established public policy.
(26) Reasonably direct. When used in connection with bicycle and pedestrian access, “reasonably direct” means either a route that does not deviate unnecessarily from a straight line or a route that does not involve a significant amount of out-of-direction travel for likely users. (Added by Ord. No. 4466/8-96.)
(27) Safe and convenient. When used in connection with bicycle and pedestrian access, “safe and convenient” means bicycle and pedestrian routes, facilities and improvements that are reasonably free from hazards (particularly types or levels of automobile traffic which would interfere with or discourage short pedestrian or bicycle travel trips), that provide a reasonably direct route of travel between the place of origin and place of destination, and that meet the travel needs of pedestrians and bicyclists considering destination and length of trip and an optimum trip length for pedestrian of generally one-quarter to one-half mile.(Added by Ord. No. 4466/8-96.)
(28) Street or road. A public or private way that is created to provide ingress or egress for persons to more than one lot, parcel, area or tract of land.
(29) Subdivide land. 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.
(30) Subdivision. An act of subdividing land or an area or tract of land subdivided as defined in this ordinance.
(31) Third Place. A commonly accessible location within a neighborhood, which is neither “home” nor “work”, which functions as a gathering place for social interaction among residents and visitors. Alternatively, a commonly accessible location within a business district or a campus development which fulfills the same function for employees and customers. Such locations are characterized by planned or spontaneously occurring amenities such as hardscaped or landscaped group seating areas and activities equipment. Third places can be either indoors or outdoors, and either publicly or privately owned. (Added by Ord. No. 5780/8-07.)
(32) Transit stop. Any posted bus or light rail stop. (Added by Ord. No. 4466/8-96.)
(33) Transit trunk route. Any arterial or collector street upon which Tri-Met currently provides continuous 20-minute service during weekday business hours. Upon City adoption of its Transportation System Plan, "transit trunk route" means any arterial, collector or other street identified as a transit trunk route in that plan or any subsequent amendment thereto. (Added by Ord. No. 4466/8-96.)
(34) Usable Open Space. Planned and improved open areas that provide opportunities for active recreation; passive relaxation; or community interaction. Such areas may include, but are not limited to: children’s play areas; pocket parks; improved playing fields or courts; and paved or landscaped pedestrian spaces. Usable open space does not include: foundation landscaping; enlarged or enhanced parking strips or sidewalks; or unimproved or vacant areas. Usable open space may include Resource Level 1, 2, or 3 Significant Natural Resource areas, wetlands or buffers only if such areas are enhanced pursuant to the standards of this Ordinance. (Added by Ord. No. 5780/8-07.)