Dunes City City Zoning Code

LAND DIVISIONS

AND PROPERTY LINE ADJUSTMENTS

§ 155.300 PURPOSE.

The purpose of this subchapter is to:

(A) Provide rules, regulations, and standards governing the approval of subdivisions, partitions, and property (or lot) line adjustments.

(1) Subdivisions involve are the creation of four or more lots from one parent lot, parcel, or tract within one calendar year;

(2) Partitions involve are the creation of three or fewer lots from one parent lot, parcel, or tract within one calendar year; and

(3) Property line adjustments are modifications to lot lines or parcel boundaries that do not result in the creation of new lots, including consolidation of lots.

(B) Carry out the city’s development pattern, as envisioned by the Comprehensive Plan;

(D) Promote the public health, safety, and general welfare through orderly and efficient urbanization;

(E) Lessen or avoid traffic congestion, and secure safety from fire, flood, pollution, and other dangers;

(F) Provide adequate light and air, prevent overcrowding of land, and facilitate adequate provision for transportation, water supply, sewage, fire protection, pollution (land, water, sky) control, surface water management, and protection against natural hazards; and

(G) Encourage the conservation of energy resources.

(Ord. 259, passed - -)

§ 155.301 GENERAL REQUIREMENTS.

(A) Subdivision and partition approval through two-step process. Applications for subdivision or partition approval shall be processed through a two-step process: the tentative plan evaluation and a final plat evaluation.

(1) The tentative plan shall be approved before the final plat can be submitted for approval consideration; and

(2) The final plat shall comply with all conditions of approval of the tentative plan.

(B) Compliance with O.R.S. Chapter 92. All subdivision and partition proposals shall be in conformance to state regulations set forth in O.R.S. Chapter 92, Subdivisions and Partitions.

(Ord. 259, passed - -)

§ 155.302 APPROVAL PROCESS.

(A) Review of tentative plan. Review of a tentative plan for a subdivision or partition shall be processed using the Type II procedure at § 155.284. All tentative plans shall be reviewed using approval criteria contained in § 155.304.

(B) Review of final plat. Review of a final plat for a subdivision or partition shall be processed by means of a Type II procedure under § 155.284 using the approval criteria in § 155.306.

(C) Tentative plan approval period. Tentative plan approval shall be effective for a period of one year from the date of approval. The tentative plan shall lapse if a final plat has not been submitted within a one-year period.

(D) Modifications and extensions. The applicant may request changes to the approved tentative plan or conditions of approval following the procedures and criteria provided in §§ 155.370 through 155.372. The Planning Official shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year, provided that:

(1) Any changes to the tentative plan follow the procedures in §§ 155.370 through 155.372;

(2) The applicant has submitted written intent to file a final plat within the one-year extension period;

(3) An extension of time will not prevent the lawful development of abutting properties;

(4) There have been no changes to the applicable code provisions on which the approval was based. If such changes have occurred, a new tentative plan application shall be required; and

(5) The extension request is made before expiration of the original approved tentative plan.

(Ord. 259, passed - -)

§ 155.303 TENTATIVE PLAN SUBMISSION REQUIREMENTS.

(A) General submission requirements. For subdivisions and partitions, the application shall contain the information and materials required by § 155.282(D).

(B) Tentative plan information. In addition to the general information described in division (A) above, the tentative plan application shall include two copies of drawings and supplementary written material (for example, on forms and/or in a written narrative) adequate to provide the following information:

(1) General information.

(a) Name of the subdivision (not required for partitions). This name must not duplicate the name of another subdivision in the county in which it is located (the developer will need to check with the County Surveyor);

(b) Date, north arrow, and scale of drawing;

(c) Location of the development sufficient to define its location in the city boundaries and a legal description of the site;

(d) Names, addresses, and telephone numbers of the owners, designer, and engineer or surveyor, if any, and the date of the survey; and

(e) Identification of the drawing as a “tentative plan” with “revision letter” and “date.”

(2) Site analysis.

(a) Streets. Location, name, and present width of all streets, alleys, and rights-of-way on and abutting the site;

(b) Easements. Width, location, and purpose of all existing easements of record on and abutting the site;

(d) Ground elevations. Shown by contour lines with two-foot contour intervals for ground slopes up to 12% and five-foot contour intervals for ground slopes exceeding 12%. Such ground elevations shall be related to some established benchmark or other datum approved by the County Surveyor;

(e) Benchmarks. The location and elevation of the closest benchmark(s) within or adjacent to the site (that is, for surveying purposes);

(f) Natural hazards. Potential natural hazard areas, including any floodplains, areas subject to high water table, landslide areas, and areas having high erosion potential;

(g) Sensitive lands. Includes wetland, shoreland, and riparian areas, streams, lakes, and overlay zone boundaries;

(h) Site features. Includes existing structures, pavement, drainage ways, and ditches;

(i) Name, address. Name and address of the owner;

(j) Project designer. Name and address of the project designer, if applicable; and

(k) Studies, exhibits. The city may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.

(3) Proposed improvements.

(a) Public and private streets, tracts, driveways, open space, and park land; location, names, right-of-way dimensions, and approximate radius of street curves; and approximate finished street centerline grades. All streets and tracts, which are being held for private use, and all reservations and restrictions relating to such private tracts, shall be identified;

(b) Location, width, and purpose of all easements;

(c) Lots and private tracts (for example, private open space, common area, or street); and approximate dimensions, area calculation (for example, in square feet), and identification numbers for all lots and tracts;

(d) Proposed uses of the property, including all areas proposed to be dedicated to the public or reserved as open space for the purpose of surface water management, recreation, or other use;

(e) Proposed improvements, as required by § 155.185, and timing of improvements (for example, in the case of streets, sidewalks, street trees, utilities, and the like);

(f) The proposed source of domestic water;

(g) The proposed method of sewage disposal, and method of surface water drainage and treatment;

(h) The approximate location and identity of other utilities, including the locations of street lighting fixtures;

(i) Changes to watercourses;

(j) Identification of the base flood elevation for development greater than three lots or five acres, whichever is less. Evidence of contact with the Federal Emergency Management Agency to initiate a floodplain map amendment shall be required when development is proposed to modify a designated 100-year floodplain; and

(k) Evidence of contact with the State Department of Transportation (ODOT) or the county for any development requiring access to a highway under the state’s or county’s jurisdiction.

(4) Future revision plan. When subdividing or partitioning tracts into large lots (for example, greater than two times the minimum lot size allowed by the underlying land use zone), the application must include a re-division plan which identifies:

(a) Potential future lot division(s) in conformance with the housing and density standards of §§ 155.050 through 155.053;

(b) Potential street right-of-way alignments to serve future development of the property and connect to adjacent properties, including existing or planned rights-of-way; and

(c) A disclaimer that the plan is a conceptual plan intended to show potential future development. It shall not be binding on the city or property owners, except as may be required through conditions of land division approval. For example, dedication and improvement of rights-of-way within the future plan area may be required to provide needed secondary access and circulation.

(Ord. 259, passed - -)

§ 155.304 APPROVAL CRITERIA; TENTATIVE PLAN.

(A) General approval criteria. The city may approve, approve with conditions, or deny a tentative plan based on the following approval criteria.

(1) The proposed tentative plan complies with all of the applicable Development Code sections and other applicable ordinances and regulations. At a minimum, the provisions of this section, and the applicable sections of §§ 155.050 through 155.053, and 155.185, shall apply. Where a variance is necessary to receive approval, the application shall also comply with § 155.450;

(2) The proposed plat name is not already recorded for another subdivision and satisfies the provisions of O.R.S. Chapter 92;

(3) (a) The proposed streets, sidewalks, bicycle lanes, pathways, utilities, and surface water management facilities are laid out so as to conform or transition to the plats of subdivisions and maps of partitions already approved for adjoining property as to width, general direction, and in all other respects.

(b) All proposed public improvements and dedications are identified on the tentative plan;

(4) All proposed private common areas and improvements (for example, homeowners’ associations property) are identified on the tentative plan; and

(5) An engineer licensed by the state has documented the safety of all development proposed on slopes in excess of 16%.

(B) Housing density. The subdivision or partition meets the city’s housing standards of §§ 155.050 through 155.053.

(C) Block and lot standards. All proposed blocks (that is, one or more lots bound by public streets), lots, and parcels conform to the specific requirements of §§ 155.050 through 155.053, 155.200, and 155.201.

(D) Future re-division plan. If the proposal is to subdivide or partition into tracts greater than two times the minimum lot size allowed by the underlying land use zone, the applicant has submitted a future re-division plan demonstrating that the lots will be of such size, shape, and orientation as to facilitate future re-division in accordance with the requirements of the land use zone and this code, the re-division plan must identify:

(1) Potential future lot division(s) in conformance with the housing and density standards of §§ 155.050 through 155.053;

(2) Potential street right-of-way alignments to serve future development of the property and connect to adjacent properties, including existing or planned rights-of-way; and

(3) (a) A disclaimer that the plan is a conceptual plan intended to show potential future development.

(b) It shall not be binding on the city or property owners, except as may be required through conditions of land division approval. For example, dedication and improvement of rights-of-way within the future plan area may be required to provide needed secondary access and circulation.

(E) Development in a 100-year floodplain.

(1) Development in a 100-year floodplain shall comply with Federal Emergency Management Agency (FEMA) requirements, including filling to elevate structures above the base flood elevation.

(2) To demonstrate consistency with this criterion, the applicant shall be responsible for obtaining such approvals from the appropriate agency before city approval of the tentative plan.

(F) Determination of base flood elevation. Where a development site consists of two or more lots, or is located in or near areas prone to inundation, and the base flood elevation has not been provided or is not available from another authoritative source, it shall be prepared by an engineer registered in the state.

(G) Utilities. All lots created through land division shall have public utilities and facilities such as electrical, telephone, and water systems located and constructed to prevent flooding.

(H) Drainage. All subdivision and partition proposals shall have surface water drainage provisions which meet the requirements set forth in Chapter 154.

(I) Phased development for subdivision application.

(1) The city may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period (that is, for required public improvements, utilities, streets) for any subdivision phase be greater than two years without reapplying for a tentative plan; and

(2) The criteria for approving a phased land division proposal are:

(a) Public facilities shall be constructed in conjunction with or prior to each phase;

(b) The development and occupancy of any phase dependent on the use of temporary public facilities shall be proposed and approved as part of the tentative plan. Temporary facilities shall be approved only upon city receipt of bonding or other assurances to cover the cost of required permanent public improvements, in accordance with § 155.308. A TEMPORARY PUBLIC FACILITY is any facility not constructed to the applicable city or zone standard;

(c) The phased development shall not result in requiring the city or a third party (for example, owners of lots) to construct public facilities that were required as part of the approved development proposal; and

(d) The application for phased development approval shall be reviewed concurrently with the tentative plan application, and the decision may be appealed in the same manner as the tentative plan.

(J) Partition approval criteria. A partition application shall only apply to creating smaller lots or parcels from larger lots or parcels. Any other land use change on the partition land at the time of the partition application shall disqualify the application and require a subdivision application.

(Ord. 259, passed - -)

§ 155.305 VARIANCES AUTHORIZED.

A variance to the criteria standards of this subchapter may be permitted as part of the Type II land division process by applying the variance criteria of §§ 155.465 through 155.470. Applications for variances shall be submitted at the same time an application for land division is submitted.

(Ord. 259, passed - -)

§ 155.306 FINAL PLAT SUBMISSION REQUIREMENTS AND APPROVAL CRITERIA.

(A) Submission requirements. Final plats shall be reviewed and approved by the city prior to recording with the county. The applicant shall submit the final plat within one year of the approval of the tentative plan as provided by § 155.302.

(B) Approval criteria. By means of a Type II procedure, the Planning Commission shall review the final plat and shall approve or deny the final plat based on findings regarding compliance with the following criteria:

(1) The final plat complies with the approved tentative plan, and all conditions of approval have been satisfied;

(2) All public improvements required by the tentative plan have been installed and approved by the city. Alternatively, the developer has provided a performance guarantee in accordance with § 155.308;

(3) The streets for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street and easements for public utilities;

(4) The streets held for private use as conforming to the tentative plan;

(5) The plat contains a dedication to the public of all public improvements, including, but not limited to, streets, public pathways, and trails, access reserve strips, and storm drainage;

(6) The applicant has provided copies of all recorded homeowners association covenants, conditions, and restrictions (CC&Rs); deed restrictions; private easements and agreements (for example, for access, common areas, parking, and the like); and other recorded documents pertaining to common improvements recorded and referenced on the plat;

(7) Certification by the state and the county, as applicable, that water and sanitary sewer service is available to each and every lot depicted on the plat; or bond, contract, or other assurance has been provided by the developer to the city that such services will be installed in accordance with §§ 155.230 through 155.237, and the bond requirements of § 155.308; and

(8) The plat contains an 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 O.R.S. Chapter 92, 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. Geological Survey, or giving two or more permanent objects for identifying its location.

(Ord. 259, passed - -)

§ 155.307 PUBLIC IMPROVEMENTS.

The following procedures apply to subdivisions and partitions when public improvements are required as a condition of approval:

(A) Before city approval is certified on the final plat, all required public improvements must be installed, inspected, and approved; or

(B) Alternatively, the developer may provide a performance guarantee, in accordance with § 155.308.

(Ord. 259, passed - -)

§ 155.308 PERFORMANCE GUARANTEE.

(A) Performance guarantee required. When a performance guarantee is required under § 155.307, the developer shall file an assurance of performance with the city supported by one of the following:

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

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

(3) Cash in an escrow account or payment to the city.

(B) Itemized improvement estimate. The developer will furnish to the city an itemized improvement estimate, certified by a civil engineer licensed by the state, to assist the city in calculating the amount of the performance guarantee.

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

(D) Agreement. An agreement between the city and developer shall be recorded with the final plat that stipulates all of the following:

(1) Specifies the period within which all required improvements and repairs will be completed;

(2) A provision that if work is not completed within the period specified, the city may complete the work and recover the full cost and expenses from the applicant;

(3) Stipulates the improvement fees and deposits that are required; and

(4) (a) As an option, provides for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the agreement.

(b) This agreement may be prepared by the city, or in a letter prepared by the applicant. It shall not be valid until it is signed and dated by the applicant, approved by the City Council, and signed by the Mayor.

(E) When developer fails to perform. In the event the developer fails to carry out all provisions of the agreement and the city has un-reimbursed costs or expenses resulting from such failure, the city shall call on the bond, cash deposit, or letter of credit for reimbursement.

(F) Termination of performance guarantee. The developer shall not cause termination of nor allow expiration of the guarantee without having first secured written authorization from the city.

(Ord. 259, passed - -)

§ 155.309 FILING AND RECORDING.

(A) Filing plat with county. Within 60 days of the signature of the Mayor on the final plat, the applicant shall submit the final plat to the county for signatures of county officials as required by O.R.S. Chapter 92.

(B) Proof of recording. Within 15 days of final recording with the county, the applicant shall submit to the city a paper copy of the recorded final plat. This must occur prior to the issuance of building permits for the newly created lots.

(1) No plat may 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 O.R.S. Chapter 92.

(2) No plat may be recorded until the County Surveyor approves it in the manner provided by O.R.S. Chapter 92.

(Ord. 259, passed - -)

§ 155.310 REPLATTING AND VACATION OF PLATS.

(A) Replatting and vacations. Any plat or portion thereof may be replatted or vacated upon receiving an application signed by all of the owners as appearing on the deed. Except as required for street vacations, the same procedure and standards that apply to the creation of a plat (tentative plat followed by final plat) shall be used to replat or vacate a plat.

(B) Procedure. All applications for a replat or vacation shall be processed in accordance with the Type II procedures described in § 155.284, and the standards for a subdivision or partition (that is, the standards that would currently apply to the creation of a subdivision or partition shall be used to replat or vacate the plat).

(C) Recording. All approved replats and vacations shall be recorded in accordance with § 155.309 and the following procedures:

(1) Once recorded, a replat or vacation shall operate to eliminate the force and effect of the plat prior to vacation; and

(2) Vacations shall also divest all public rights in the streets and public grounds, and all dedications identified on the plat.

(D) After sale of lots. When one or more lots have been sold, the plat may be vacated only in the manner herein, and provided that all of the owners of lots within the platted area consent in writing to the plat vacation.

(E) Vacation of streets. All street vacations shall comply with the procedures and standards set forth in O.R.S. Chapter 271.

(Ord. 259, passed - -)

§ 155.311 PROPERTY LINE ADJUSTMENTS.

Lot line, or property line, adjustments include the relocation or elimination of a common property line between abutting properties. No lot or combination of contiguous lots, either vacant or containing a single-family or multi-family dwelling, shall be replatted so that an undersized lot is created, nor shall a lot be replatted if setbacks or dimensions less than the minimum would result. The application submission and approvals process is as follows:

(A) Application requirements. All applications for property line adjustments shall be made on forms provided by the Planning Official and shall include information required for a Type I application, as governed by § 155.283. The application shall include two copies of drawings illustrating:

(1) A preliminary lot line map drawn to scale identifying all existing and proposed lot lines and dimensions;

(2) Footprints and dimensions of existing structures (including accessory structures);

(3) Location and dimensions of driveways and public and private streets within or abutting the subject lots;

(4) Existing fences and walls;

(5) A surveyed legal description of the lot or lots to be adjusted; and

(6) Any other information deemed necessary by the Planning Official for ensuring compliance with city codes.

(B) Approval procedures. Property line adjustments shall be processed using the Type I procedure, as provided by § 155.283, using approval criteria contained in division (C) below.

(C) Approval criteria. The Planning Official shall approve or deny a request for a property line adjustment in writing based on findings that all of the following criteria are satisfied:

(1) No additional parcel or lot is created by the property line adjustment, however the number of lots or parcels may be reduced;

(2) All lots and parcels comply with the applicable lot standards of the underlying zoning district;

(3) All lots and parcels comply with the standards or requirements of § 155.201;

(4) The resulting lots, parcels, tracts, and building locations comply with the setback standards of the zoning district; and

(5) Non-conforming lots, or lots less than one acre in size, shall not be made less conforming by the property line adjustment and shall maintain an area large enough to be a buildable parcel.

(D) Filing and recording.

(1) Expiration of approval. The property line adjustment approval shall be effective for a period of 60 days from the date the approval is signed by the Planning Official. The lot line adjustment approval shall lapse if:

(a) The property line adjustment is not recorded within the time limit set out above;

(b) The property line adjustment has been improperly recorded with the county without the satisfactory completion of all conditions attached to the approval; or

(2) Filing with county. Within 60 days of the city’s approval, the applicant must submit the final property line adjustment survey with legal description to the county for recording.

(3) Proof of recording. Within 15 days of final recording with the county, the applicant shall submit to the city a paper copy of the recorded final property line adjustment. This must occur prior to the issuance of any building permits on the reconfigured lots.

(E) Extension. The city shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year, provided that:

(1) No changes are made on the original property line adjustment as approved by the city;

(2) The applicant has submitted a written intent of recording the approved property line adjustment within the one-year extension period;

(3) There have been no changes in the applicable code provisions on which the approval was based. If such changes have occurred, a new property line adjustment application shall be required; and

(4) The extension request is made before expiration of the original approved property line adjustment.