The purpose of this chapter is to provide rules, regulations and standards governing the approval of plats of subdivisions, to carry out the development pattern and plan of the city, to promote the public health, safety and general welfare, to lessen congestion in the streets, and secure safety from fire, flood, pollution and other dangers, to provide adequate light and air, prevent overcrowding of land, and facilitate adequate provision for transportation, water supply, sewage and drainage; and to encourage the conservation of energy resources.

(Ord. 415 § 7.154.010, 2002)

A.

An application for a subdivision shall be processed through a two-step process: the tentative plan and the final plat:

1.

The tentative plan shall be approved by the Planning Commission before the final plat can be submitted for approval consideration; and

2.

The final plat shall be approved by the Planning Director and shall reflect all conditions of approval of the tentative plan.

B.

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

C.

When subdividing tracts into large lots, the Planning Commission shall require that the lots be of such size and shape as to facilitate future re-division in accordance with the requirements of the zoning district and this title.

D.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located to minimize flood damage and constructed according to public works design standards and specifications.

(Ord. 415 § 7.154.020, 2002)

A.

Subdivision proposals shall be processed according to the procedures in Chapter 16.78.

B.

Final action on the tentative plan, including the resolution of all appeals and review on the land division application, shall be taken within one hundred twenty (120) days after the application is deemed complete.

C.

The Planning Director shall:

1.

Schedule a limited land use decision pursuant to Chapter 16.78 to be held by the Planning Commission within sixty (60) days from the time the complete application is filed and shall provide a notice of the hearing;

2.

Furnish one copy of the proposed tentative plan to the city engineer;

3.

Furnish one copy of the tentative plan and supplemental material to:

a.

Marion County road department if the proposed subdivision is adjacent to a county road and access to the county road is desired by the applicant;

b.

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

c.

Aurora rural fire district;

d.

The North Marion school district;

e.

Any other affected agencies as identified by the Planning Director;

4.

Incorporate all staff recommendations into a report to the planning commission.

D.

The Planning Director shall mail notice of the tentative plan proposal to persons who are entitled to notice.

E.

The Planning Commission shall approve, approve with conditions, or deny any application for tentative plan. The Planning Commission shall apply the standards set forth in Section 16.72.040 when reviewing an application for a subdivision.

F.

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 § 7.154.030, 2002)

A.

The Planning Commission may approve, approve with conditions or deny a tentative plan based on the following approval criteria:

1.

The proposed tentative plan complies with the city's comprehensive plan, the applicable chapters of this title, and other applicable ordinances and regulations;

2.

The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92.090(1));

3.

The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions already approved for adjoining property as to width, general direction and in all other respects unless the city determines it is in the public interest to modify the street or road pattern; and

4.

All public improvements comply with Chapter 16.34.

B.

The Planning Commission may attach such conditions as are necessary to carry out the comprehensive plan and other applicable ordinances and regulations and may require reserve strips be granted to the city for the purpose of controlling access to adjoining undeveloped properties.

(Ord. 415 § 7.154.050, 2002)

A.

All applications shall be made on forms provided by the city and shall be accompanied by:

1.

Three full size copies of the tentative plan map and required data or narrative and one, eleven-inch by seventeen-inch copy of the tentative plan and required data or narrative;

2.

The applicable county assessor map.

B.

The tentative plan map and data or narrative shall include the following:

1.

Sheet size for the tentative plan shall not exceed eighteen (18) inches by twenty-four (24) inches;

2.

The scale shall be an engineering scale, and limited to one phase per sheet;

3.

Vicinity map showing the general location of the subject property in relationship to arterial and collector streets;

4.

Names, addresses and telephone numbers of the owner, developer, engineer, surveyor and designer, as applicable;

5.

The date of application;

6.

The assessor's map and tax lot number and a legal description sufficient to define the location and boundaries of the proposed subdivision;

7.

The boundary lines of the tract to be subdivided;

8.

The names of adjacent subdivisions or the names of recorded owners of adjoining parcels of un-subdivided land;

9.

Existing contour lines related to a city established benchmark at two-foot intervals for grades zero to ten (10) percent and five-foot intervals for grades over ten (10) percent;

10.

The purpose, location, type and size of all the following (within and adjacent to the proposed subdivision) existing and proposed:

a.

Public and private rights-of-way and easements,

b.

Public and private sanitary and storm sewer lines, domestic water mains including fire hydrants, gas mains, major power (fifty thousand (50,000) volts or better), telephone transmission lines, and watercourses, and

c.

Deed reservations for parks, open spaces, pathways, tree conservation easements, and any other land encumbrances;

11.

Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated and plans of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants, including the capacity needs for municipal water, storm water management and sewer service, and schematic location of connection points to existing services. The Preliminary Utility Plan shall include:

a.

Location, size and slope of water quality facility.

b.

Preliminary calculations justifying size of facility.

c.

Total square footage of the new or existing impervious area.

d.

The storm water facility shall be designed to Clean Water Services (CWS) standards.

12.

Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision;

13.

Scaled cross sections of proposed street rights-of-way;

14.

The location of all areas subject to inundation or stormwater overflow, and the location, width and direction of flow of all watercourses and drainageways;

15.

The proposed lot configurations, approximate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots;

16.

The existing use of the property, including location of all structures and present use of the structures, and a statement of which structures are to remain after platting;

17.

Supplemental information including proposed deed restrictions, if any, proof of property ownership, and a proposed plan for provision of subdivision improvements;

18.

Existing natural features including waterways, rock outcroppings, wetlands and marsh areas.

C.

If any of the foregoing information cannot practicably be shown on the tentative plan, it shall be incorporated into a narrative and submitted with the application.

(Ord. 487 § 2, 2017; Ord. 415 § 7.154.060, 2002)

Unless otherwise provided in Section 16.72.020, the applicant shall submit the final recorded plat to Planning Director within two years of the date of city decision.

(Ord. 487 § 2, 2017; Ord. 415 § 7.154.070, 2002)

A.

The Planning Director shall review the final plat and shall approve or deny the final plat approval based on findings that:

1.

The final plat complies with the plat approved by the Planning Commission and all conditions of approval have been satisfied;

2.

The streets and roads for public use are dedicated without reservation or restriction other than revisionary rights upon vacation of any such street or road and easements for public utilities;

3.

The streets and roads held for private use and indicated on the tentative plan of such subdivision have been approved by the city;

4.

The plat contains a donation to the public of all common improvements, including but not limited to streets, roads, parks, storm drainage, sewage disposal, and water supply systems;

5.

An explanation is included which explains all of the common improvements required as conditions of approval and are in recordable form and have been recorded and referenced on the plat;

6.

The final plat complies with the applicable zoning ordinance and other applicable ordinances and regulations;

7.

A certificate has been provided by the public works director that municipal water and sewer will be available to the property line of each and every lot depicted in the proposed plat;

8.

Copies of signed deeds have been submitted granting the city a reserve strip as provided by Section 16.72.040(B);

9.

The final plat has been made in black India ink, or silver halide and is eighteen (18) inches by twenty-four (24) inches in size on four mil double matted Mylar;

10.

The lettering of the entire plat is of such size and type as approved by the county surveyor and the plat is at such a scale as will be clearly legible, but no part shall come nearer any edge of the sheet than one inch;

11.

If there are three or more sheets, a face sheet and index has been provided;

12.

The final plat contains a surveyor's affidavit by the surveyor who surveyed the land represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapters 92.050 and 92.060 and indicating the initial point of the survey, and giving the dimensions and kind of such monument, and its reference to some corner established by the U.S. Survey or a lot corner of recorded subdivision or partition;

13.

The final plat contains an affidavit for signature by the Mayor accepting street rights-of-way and street improvements for jurisdiction and maintenance by the city and accepting dedications of property to the city;

14.

The final plat contains an affidavit for signature by the city engineer certifying that the final plat meets the requirements of the public works design standards for all improvements to be maintained by the city;

15.

The final plat shall not contain any information or be subject to any requirements that is or may be subject to administrative change or variance (ORS 92.050(11)).

B.

The acceptance by the city for maintenance and jurisdiction shall follow approval of the completed improvements.

(Ord. 415 § 7.154.080, 2002)

A.

The centerlines of all street and roadway rights-of-way shall be monumented and recorded before city acceptance of street improvements; and the following centerline monuments shall be set:

1.

All centerline-centerline intersection points;

2.

All cul-de-sac center points;

3.

Curve points, beginning and ending points (point of curvature (P.C.) and point of tangency (P.T.)); and

4.

The beginning and end of each new street.

B.

Monument boxes conforming to city standards will be required around all centerline intersection points and cul-de-sac center points; and the tops of all monument boxes will be set to finished pavement grade.

(Ord. 415 § 7.154.090, 2002)

A.

If the applicant seeks approval of the final plat prior to completion of the required infrastructure improvements, before city approval is certified on the final plat, and before approved construction plans are issued by the city, the applicant shall:

1.

Execute and file an agreement with the city specifying the period within which all required improvements and repairs shall be completed; and

2.

Include in the agreement provisions that if such work is not completed within the period specified, the city may complete the work and recover the full cost and expenses from the declarant.

B.

The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract.

(Ord. 415 § 7.154.100, 2002)

A.

As required by Section 16.72.090, the declarant shall file with the agreement an assurance of performance supported by one of the following:

1.

An irrevocable letter of credit executed by a financial institution authorized to transact business in the state of Oregon;

2.

A surety bond executed by a surety company authorized to transact business in the state of Oregon which remains in force until the surety company is notified by the city in writing that it may be terminated; or

3.

Cash.

B.

The assurance of performance shall be for a sum determined by the city engineer as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses.

C.

The declarant shall furnish to the city an itemized improvement estimate, certified by a registered civil engineer, to assist the city in calculating the amount of the performance assurance.

D.

In the event the declarant fails to carry out all provisions of the agreement and the city has unreimbursed costs or expenses resulting from such failure, the city shall call on the bond, cash deposit or letter of credit for reimbursement.

E.

The declarant shall not cause termination of nor allow expiration of the guarantee without having first secured written authorization from the city.

(Ord. 415 § 7.154.110, 2002)

A.

Within ten (10) days of the city review and approval, the applicant shall submit the final plat to the county for signatures of county officials as required by ORS Chapter 92 and Section 16.72.070.

B.

Within fifteen (15) days of final recording with the county, the applicant shall submit to the city a full-size plain paper copy of the recorded final plat and a reproducible copy no greater than eleven (11) inches by seventeen (17) inches. No building permits shall be issued until the city has received these copies.

(Ord. 415 § 7.154.120, 2002)

A.

No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS 92.095.

B.

No plat shall be recorded until it is approved by the county surveyor in the manner provided by ORS 92.

(Ord. 415 § 7.154.130, 2002)

A.

Any plat or portion thereof may be vacated by the owner of the platted area at any time prior to the sale of any lot within the platted subdivision.

B.

All applications for a plat or street vacation shall be made in accordance with Sections 16.72.020, 16.72.030 and 16.72.080(A).

C.

The application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys.

D.

All approved plat vacations shall be recorded in accordance with Section 16.72.110:

1.

Once recorded, the vacation shall operate to eliminate the force and effect of the plat prior to vacation; and

2.

The vacation shall also divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described on the plat.

E.

When lots have been sold, the plat may be vacated in the manner herein provided by all of the owners of lots within the platted area.

(Ord. 415 § 7.154.140, 2002)

All street vacations shall comply with the procedures and standards set forth in ORS Chapter 271 and any applicable city ordinance or regulation.

(Ord. 415 § 7.154.150, 2002)