When public water and/or sewer are not yet available to a site being partitioned, the lots created through the partition process shall be of sufficient size to allow for subsurface sewage disposal and/or wells, and the partitioning approval not be granted until a redivision plan, showing how the lots can be redivided when public services become available, has been filed with the city manager. The redivision plan shall be drawn to the same scale as the tentative partition plan, referred to in sections 9-15-4 and 9-15-6 of this chapter, and shall show: a) the lot lines included in the partition being requested; b) the location of the proposed buildings; and c) the future lots that could be created to meet all of the dimensional requirements of the same when public services are available. (1996 Code § 17.80.010)

   A.   Definition: A "lot line adjustment" is a change in the boundary between two (2) or more parcels which does not create a new parcel or lot. It is not considered a land division for the purposes of this chapter. However, because it does change existing parcel boundaries and land use patterns, it requires review and approval by the city manager.

   B.   Allowing Adjustment: Following public notice, the adjustment of a lot line by mutual consent of the property owners may be permitted by the city manager in any zone, provided the adjustment in no way increases the degree of nonconformity of any parcel or violates any other provision of this chapter. (Ord. 574, 8-7-1996; amd. Ord. 599, 11-3-1999; 2004 Code)

   C.   Public Response; City Action:

      1.   If there is no negative public response that addresses the criteria for the proposed lot line adjustment, it may be approved administratively.

      2.   If there is objection based on the criteria for the proposed lot line adjustment, the application must be forwarded to the planning commission for its decision after a public hearing on the application. (Ord. 599, 11-3-1999; amd. 2004 Code)

   A.   Compliance With State And Local Laws: No land may be partitioned or subdivided except in accordance with this title and state law.

   B.   Street Or Road Creation: No person shall create a street or road for the purpose of partitioning land without the approval of the city.

   C.   Dedicating Land To Public Use: No instrument dedicating land to the public use shall be accepted for recording unless it has been approved by the city. (1996 Code § 17.80.015)

   D.   WRC Overlay Zone, Standards: Subdivisions, replats, partitions, and property line adjustments in the WRC overlay zone shall be subject to the following standards:

      1.   Each lot created shall have at least one thousand (1,000) square feet of upland available for building coverage, required off street parking, and required access.

      2.   The building site shall not include significant wetlands and buffers, or significant riparian corridors.

      3.   Protected resources may be counted toward meeting the base zone's minimum lot size for each lot, and may be included in front, side, and rear yard setbacks, as appropriate. (Ord. 601, 5-3-2000)

      4.   Transportation facilities and structures, including, but not limited to, streets and driveways; and utility lines, including, but not limited to, water lines, sewer lines and storm water lines, shall be located in accordance with city standards and approval. (Ord. 601, 5-3-2000; amd. 2004 Code)

      5.   For lots or parcels created subject to these provisions, the existence of a protected resource or buffer area shall not form the basis for a future setback reduction or variance request. (Ord. 601, 5-3-2000)

   A.   Application, Tentative Plan Required: Before a plat may be approved and recorded, the person proposing the partition or subdivision shall submit an application accompanied by a tentative plan showing the general design of the proposed partition or subdivision.

   B.   Tentative Plan Information: The tentative plan shall include the following information:

      1.   The date, north arrow, scale and location, by township, range and section, of the parcel to be partitioned.

      2.   Names and addresses of the owner(s), the applicant(s), the engineer and/or surveyor employed in the preparation of the plan.

      3.   Amount of acreage in the original parcel, the acreage of the resulting parcels and the dimensions of each.

      4.   Current use(s) of the property, including an outline showing size and location of existing structures and noting whether they are to remain. (1996 Code § 17.80.020)

      5.   Approximate location of physical features such as wooded areas, rock outcrops, wetlands, floodplains and drainageways. If the property is wholly or partially within the WRC overlay zone, the significant wetland-upland boundary, as determined by a wetland delineation prepared by a qualified individual, and the significant riparian corridor boundary shall be included. (Ord. 601, 5-3-2000)

      6.   Locations, names and widths of all streets and easements adjacent to and within the parcel to be partitioned and a layout showing the relationship of each new parcel to the existing or proposed streets and easements.

      7.   Locations of all wells, water lines and subsurface sewage disposal systems on the parcel, if any.

      8.   Proposed locations of sewer and water systems, and site drainage easements. (1996 Code § 17.80.020)

      9.   Location, name, width, approximate radius of curves and grade of all proposed streets, the relationship of such streets to any projected or existing streets adjoining the proposed partition, and the location and width of all rights of way, easements, and sidewalks within the proposed partition or subdivision. All streets and sidewalks shall comply with the standards adopted by ordinance or resolution of the council 1 . (Ord. 572, 8-7-1996)

      10.   When slopes on the site exceed ten percent (10%), contour lines shall be shown at intervals of two feet (2').

      11.   The city manager may also require approximate centerline profiles with extensions for a reasonable distance beyond the limits of the proposed major partition showing the finished grade of streets and the nature and extent of street construction.

   C.   Lot Size:

      1.   All residential parcels or lots created under this title shall contain the minimum lot size required by the zone, unless a larger lot size is necessary to provide adequate area for subsurface sewage disposal.

      2.   If larger lots are necessary, the potential for future redivision of these lots shall be assured by a redivision plan as described in section 9-15-1 of this chapter. (1996 Code § 17.80.020)

   A.   Plan Copies, Application And Fee: Ten (10) copies of a tentative plan, drawn to scale, shall be submitted to the city manager with a completed application form and the required fee. The tentative plan shall follow the format outlined in section 9-15-4 of this chapter.

   B.   Review By Manager: The city manager shall review the submittal to determine whether the application is complete, as described in subsection 9-3-7D1 of this title. (1996 Code § 17.80.025)

   C.   Water Right Statement: The city manager shall notify the applicant of the requirement to file a statement of water right and, if a water right is appurtenant, a copy of the acknowledgment from the state of Oregon must be attached before the county recording officer may accept the plat for recording pursuant to Oregon Revised Statutes 92.120. (1996 Code § 17.80.025; amd. 2004 Code)

   D.   Wetland Areas: If the property is wholly or partially within areas identified as wetlands on the statewide wetlands inventory, the city manager shall notify the applicant, the owner of record and the division of state lands, as described in section 9-13-6 of this title.

   E.   Public Hearing: A public hearing before the planning commission shall be scheduled and held in accordance with section 9-3-7 of this title.

   F.   Appeal: The decision of the planning commission may be appealed to the city council in accordance with section 9-3-9 of this title. (1996 Code § 17.80.025)

   G.   Tentative Plan Approval: Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed partition or subdivision for recording. However, the approval of a tentative plan shall be binding on the city and the applicant for the purpose of preparing a final partition or subdivision plat. The final plat must comply with all conditions set forth by the city in the tentative partition plan approval, and the city may require only such changes in the plat as are necessary for compliance with the terms of the tentative plan approval and compliance with all laws and regulations. (1996 Code § 17.80.025; amd. Ord. 643, 3-1-2006)

   H.   Time Limitation: The tentative plan shall be valid for one year from the date of its approval. The planning commission, upon receipt of the applicant's written request, may grant an extension of the tentative plan approval for a period of one year. In granting an extension, the planning commission shall make a written finding that the facts upon which the approval was based have not changed to an extent sufficient to warrant refiling of the tentative plan.

   I.   Final Action: The city shall take final action on an application for approval of a tentative plan within one hundred twenty (120) days, as required in Oregon Revised Statutes 227.178, unless the applicant requests an extension or the parties have agreed to mediation as described in Oregon Revised Statutes 197.319(2)(b). (1996 Code § 17.80.025)

   A.   Compliance With State And Local Laws: All plats subdividing or partitioning land shall be prepared in accordance with the requirements of this title and state laws, including, but not limited to, Oregon Revised Statutes 92.080 and 92.120.

   B.   Format: The format of the plat shall be as follows:

Permanent black India type ink or silver halide permanent photocopy, upon material that is eighteen inches by twenty four inches (18" x 24") in size with an additional three inch (3") binding edge on the left side when required by the county clerk or the county surveyor, that is suitable for binding and copying purposes, and that has such characteristics of strength and permanency as may be required by the county surveyor. The plat shall be of such a scale as required by the county surveyor. The lettering of the approvals, the dedication, the affidavit of the surveyor and all other information shall be of such a size or type as will be clearly legible, but no part shall come nearer any edge of the sheet than one inch (1"). The subdivision or partition plat may be placed on as many sheets as necessary, but a face sheet and an index page shall be included for plats placed upon three (3) or more sheets.

   C.   Information Required: The information contained on the plat shall include:

      1.   The name of the partition, date the plat was prepared, scale, north arrow, legend and features such as highways and railroads.

      2.   Reference and bearings, to adjoining surveys.

      3.   The location and descriptions of all monuments found or set shall be carefully recorded upon all plats and the property courses and distances of all boundary lines shall be shown.

      4.   Exact location and width of streets and easements intersecting the boundary of the subdivision.

      5.   Partition and lot boundary lines, with the acreage of each parcel. Lots numbered beginning with "1" and numbered consecutively in each block, using the same sequence as sections are numbered in a township.

      6.   Easements denoted by fine dotted lines, clearly identified and, if already of record, their recorded reference. If an easement is not of record, there shall be a written statement of the easement, and the plat will show the width, length and bearing, as well as sufficient ties to locate the easement with respect to the partition. If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificate of dedication.

      7.   Locations and widths of drainage channels, railroad rights of way, reserve strips at the end of stubbed streets or along the edge of partial width streets on the boundary of the partition.

      8.   Parcels to be dedicated shall be distinguished from lots intended for sale with acreage and alphabetical symbols for each parcel indicated.

      9.   A statement of water rights noted on the partition plat.

      10.   Major partition and subdivision plats will also require street right of way centerlines with dimensions to the nearest one-hundredth of a foot (0.01'), bearings of deflection angles, radii, arcs, points of curvature, chord bearings and distances, and tangent bearings. Partition boundaries, lot boundaries and street bearings shall be shown to the nearest thirty (30) seconds. The name and width of the streets being dedicated, the width of any existing right of way, and the width on each side of the centerline. For streets on curvature, curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated. (1996 Code § 17.80.030)

   A.   Submission: The applicant shall submit a final plat prior to the expiration of the tentative plan approval. Any final plat not submitted prior to the expiration of the tentative plan approval shall be considered void. (1996 Code § 17.80.035)

   B.   Information Requirements: The final plat shall conform to the information requirements of section 9-15-4 of this chapter. The planning commission shall review the final plat to determine that it conforms with the tentative plan and all applicable conditions and is in compliance with all laws and regulations. (Ord. 643, 3-1-2006)

   C.   Completion Of Improvements: Prior to the approval of the final partition plat, the applicant shall complete improvements as proposed, or enter into an agreement for improvements together with a bond. (1996 Code § 17.80.035)

   D.   Signature And Date Required: If the final plat conforms to the tentative plan and all applicable conditions, the city manager and the planning commission chair shall sign and date the final plat. (Ord. 643, 3-1-2006)

   E.   Survey And Monumentation; Recording With County:

      1.   It shall be the responsibility of the applicant to comply with all the requirements of survey and monumentation listed in Oregon Revised Statutes 92.050 through 92.070 and to deliver the final plat to the county surveyor for review and recording according to the requirements of Oregon Revised Statutes chapter 92. The approval of the final plat shall be null and void if the plat is not recorded within ninety (90) day after the date of the last required approving signature.

      2.   The county surveyor shall furnish the city with a copy of the recorded plat. (1996 Code § 17.80.035)

The procedure for application and review of a major partition is described in sections 9-15-4 through 9-15-7 of this chapter. (1996 Code § 17.80.040)

The procedure for application and review of a minor partition is described in sections 9-15-4 through 9-15-7 of this chapter. (1996 Code § 17.80.045)

   A.   Application And Review: The procedure for application and review of a subdivision is described in sections 9-15-4 through 9-15-7 of this chapter.

   B.   Information Required: In addition, the following information shall accompany the plat:

      1.   A copy of the subdivision's deed restrictions, which shall include building setback lines, if any;

      2.   A copy of any dedication requiring separate documents;

      3.   Warranty deeds conveying any property to the city; and

      4.   The vacation of any existing easements.

   C.   Nonresidential Partitions Or Subdivisions, Standards: Nonresidential partitions or subdivisions shall also be subject to the following standards:

      1.   Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.

      2.   Street right of way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.

      3.   Special requirements may be imposed by the city with respect to street, curb, gutter and sidewalk design and construction.

      4.   Special requirements may be imposed by the city with respect to the installation of public utilities, including water, sewer and stormwater drainage.

      5.   Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels abutting existing or potential residential development and provisions for a permanently landscaped buffer strip.

      6.   Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas. (1996 Code § 17.80.050)

Minimum residential street and sidewalk development standards are hereby established for the city, as follows:

   A.   Width Standards:

 

 

   B.   Low Density Residential Defined: "Low density residential" shall be defined as: cul-de-sacs and dead end streets serving no more than ten (10) dwelling units when fully developed, subdivisions with a minimum lot size of fifteen thousand (15,000) square feet, or specific areas where topographic conditions prevent a wider right of way.

   C.   Sidewalks: All sidewalks shall be placed within the public right of way.

   D.   Pedestrian Access: All residential subdivisions shall provide a reasonable and safe pedestrian access to the central part of the community. (Ord. 652, 6-4-2008)