The purpose of this chapter is to provide rules, regulations and standards governing approval of land partitions.

(Ord. 415 § 7.152.010, 2002)

A.

An application for a partition shall be processed through a two-step process: (1) the tentative plan; and (2) the final plat.

1.

The tentative plan for a partition shall be approved by the Planning Director before the final plat can be submitted for approval consideration.

2.

The final plat shall reflect all conditions of approval of the tentative plan.

B.

All partition proposals shall be in conformity with all state regulations set forth in ORS Chapter 92, Subdivisions and Partitions.

(Ord. 415 § 7.152.020, 2002)

A.

The applicant of a partition proposal shall be the recorded owner of the property or an agent authorized in writing by the owner.

B.

No parcel to be created through the partitioning process shall be sold until approval and filing of the final partition plat.

C.

Partitions shall be processed according to Chapter 16.78.

D.

Upon receipt of a completed application for a partition, the Planning Director shall:

1.

Provide notice to affected property owners in accordance with Chapter 16.78;

2.

Furnish one copy of the proposed tentative plan to the public works director and the city engineer;

3.

Furnish one copy of the tentative plan to:

a.

The Marion County land development services, if the proposed partition is adjacent to the UGB or has county road access;

b.

The Oregon Department of Transportation (ODOT), if the proposed partition is adjacent to a state highway and access to the state highway is desired by the applicant;

c.

The Aurora rural fire district;

d.

Any other affected agencies as determined by the Planning Director;

4.

The Planning Director shall approve, approve with conditions, or deny any application for tentative plan. The Planning Director shall apply the standards set forth in Section 16.70.040 when reviewing an application for a partition and shall prepare a notice of decision containing findings for the standards set forth in Section 16.70.040.

E.

An expedited land division as defined by ORS 197.360(1), provides an alternative to the standard review procedures for land divisions set forth in the Aurora Development Code, Chapter 16.78. When an applicant requests an expedited land division, the application shall be processed as provided in ORS 197.360 through ORS 197.380 in lieu of the procedures set forth in Chapter 16.78.

(Ord. 487 § 2, 2017; Ord. 415 § 7.152.030, 2002)

A request to partition land shall meet all of the following criteria:

A.

The proposed partition complies with all statutory and ordinance requirements and regulations;

B.

Adequate public facilities are available to serve the proposal. No temporary public facilities shall be permitted. The standards of Chapter 16.34 apply to partitions;

C.

All proposed lots conform to the size and dimensional requirements of this title; and

D.

All proposed improvements meet city and applicable agency standards.

(Ord. 415 § 7.152.040, 2002)

A.

All applications shall be made on forms provided by the city and shall be accompanied by three copies of the preliminary partition map and narrative. One copy shall be no larger than eleven (11) inches by seventeen (17) inches.

B.

The preliminary partition map and narrative shall include the following:

1.

a. Name of the owner(s) of the subject parcel;

b.

Name of the owner(s) authorized agent (if applicable); and

c.

Name, address and phone number of the land surveyor;

2.

The map scale, north arrow and date;

3.

Sufficient description to define the location and boundaries of the proposed area to be partitioned;

4.

The scale shall be an engineering scale sufficient to show the details of the plan and related data;

5.

The location, width and names of streets or other public ways and easements within and adjacent to the proposed partition;

6.

The location of all permanent buildings on and within twenty-five (25) feet of all property lines;

7.

The location and width of all water courses;

8.

The location of existing utilities and utility easements;

9.

Any deed restrictions that apply to the existing parcels;

10.

A plan outlining how utilities, public services, and utility easements will serve newly created parcels; and

11.

Where it is evident that the subject parcel can be further partitioned, the applicant must show that the land partition will not preclude the efficient division of land in the future.

C.

The tentative plan shall be as accurate as possible to ensure proper review by affected agencies.

D.

Upon receipt of an application, the Planning Director shall review it for compliance with the requirements for submittal. If the application is found to be incomplete, the planning director shall notify the applicant within thirty (30) days and advise the applicant of the requirements for an acceptable application. The applicant shall submit necessary items within thirty (30) days or such notification or the Planning Director shall return the entire application and fee to the applicant and a new application shall be required.

E.

Except as provided in ORS 92.040, the review of the tentative plan does not guarantee the applicant that the final application for a land partition or property line adjustment will be approved nor that additional information or revisions will not be required by the city.

(Ord. 415 § 7.152.050, 2002)

A.

All final applications for partitions shall be on forms provided by the city and shall be accompanied by a reproducible copy of the partition plat or the final property line adjustment survey map prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative.

B.

The partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.050) and by Marion County and shall include the following:

1.

The final partition map shall be drawn on an eighteen-inch by twenty-four-inch Mylar sheet. The final property line adjustment map must be eighteen (18) inches by twenty-four (24) inches and may be on vellum or Mylar;

2.

The scale of the map shall be an engineering scale approved by the county surveyor;

3.

a. Name of the owner(s) of the subject parcel;

b.

Name of the owner(s) authorized agent (if applicable); and

c.

Name, address and phone number of the land surveyor;

4.

The assessor's map and lot number and a copy of the deed, sales contract or document containing a legal description of the land to be partitioned;

5.

The map scale, north arrow and date;

6.

Dimensions and legal descriptions of the parent parcel and all proposed parcels;

7.

Boundary lines and names of adjacent partitions and subdivisions, and tract lines abutting the site;

8.

The locations, width and names of streets or other public ways and easements within and adjacent to the proposed partition;

9.

Any deed restrictions that apply to existing or proposed lots; and

10.

Signature blocks for city approval and acceptance of public easements and rights-of-way.

(Ord. 415 § 7.152.060, 2002)

A.

The Mayor shall accept by signature on the final plat the proposed right-of-way dedication prior to recording a land partition.

B.

The Mayor shall accept by signature on the final plat all public easements shown for dedication on partition plats maps.

(Ord. 415 § 7.152.070, 2002)

A.

Within ten (10) days of the Planning Director's approval of the partition and the Mayor's acceptance of any dedicated land to the city, the applicant shall record the partition plat with Marion County and submit the recordation numbers to the city, to be incorporated into the record.

B.

The applicant shall submit a recorded plain paper copy of the final partition plat to the city within fifteen (15) days of recording. No building permits shall be issued until the city receives this copy.

(Ord. 415 § 7.152.080, 2002)