An expedited land division (ELD) is an alternative land division procedure for land zoned for residential use. Application and review timelines for ELDs can be shorter than standard land division timelines. ELDs shall be defined and may be used as provided under state law.

An ELD applies to the following:

A.

Includes only land that is zoned for residential uses.

B.

Is solely for the purposes of residential use, including recreational or open space uses accessory to a residential use.

An application for an ELD shall be filed with the city and accompanied by the appropriate fee. It shall be the applicant's responsibility to submit a complete application that addresses the review criteria of this section.

A.

Selection. An applicant who wishes to use an ELD procedure for a partition, subdivision or planned unit development instead of the regular procedure type, must request the use of the ELD in writing at the time the application is filed, or forfeit the right to use it.

B.

Submittal shall follow the submittal requirements for whichever standard land division procedure that the ELD substitutes, which may include partitions (3.107.05), subdivisions (3.108.04), or planned unit developments (3.108.04).

Review procedure. All applications for expedited land divisions shall comply with state law, the Keizer Comprehensive Plan, and zoning designation. State law details the criteria, application and notice requirements, and action and appeal procedures for ELD.

A.

Preliminary plat procedures for expedited land division. Unless the applicant requests to use the procedure set forth in 3.202.02, the city shall use the following procedure, as described in state law.

1.

Completeness review.

a.

If the application for an ELD is incomplete, the city shall notify the applicant of the missing information within 21 days of receiving an application signed by all property owners, and associated fee to allow the applicant to submit the missing information. The application shall be deemed complete on the date the applicant submits the requested information or refuses in writing to submit it.

b.

If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted.

2.

Notice of application.

a.

On receipt of a complete application, written notice shall be provided to owners of property within 100 feet of the entire contiguous site for which the application is made and to any city council-recognized neighborhood association(s) whose boundaries include the site. Notice shall also be provided to any agency responsible for providing public services or facilities to the subject site. The notification list shall be compiled from the most recent property tax assessment roll. For purposes of appeal to the referee under state law, this requirement shall be deemed met when the city can provide an affidavit or other certification that such notice was given.

b.

The notice shall include the following:

a)

The deadline for submitting written comments;

b)

A statement of issues that may provide the basis for an appeal to the referee must be raised in writing prior to the expiration of the comment period; and

c)

A statement that issues must be raised with sufficient specificity to enable the city to respond to the issue.

d)

The applicable criteria for the decision.

e)

The place, date, and time that comments are due.

f)

A time and place where copies of all evidence submitted by the applicant will be available for review.

g)

The street address or other easily understood geographical reference to the subject property.

h)

The name and telephone number of city contact.

i)

A brief summary of the process for the land division decision being made.

3.

There shall be a minimum 14-day period to allow for submission of written comments prior to the planning official's decision.

4.

There shall be no public hearing on the application.

5.

The zoning administrator shall make a decision on the application within 63 days of receiving a completed application.

6.

The zoning administrator's decision shall be based on applicable elements of the Keizer Development Code and comprehensive plan. An approval may include conditions to ensure that the application meets applicable land use regulations.

7.

Notice of the decision shall be provided to the applicant and to those who received notice under 3.116.05.A.2 within 63 days of the date of a completed application. The notice of decision shall include:

a.

A summary statement explaining the determination; and

b.

An explanation of appeal rights under state law.

8.

The applicant, or any person or organization who files written comments in the comment period established under 3.116.05.A.3, may appeal the zoning administrator's decision to the referee within 14 days of the mailing of the decision notice. The city may appoint the hearings officer as the referee. An appeal shall be accompanied by an appeal application and appeal fee.

9.

An appeal shall be based solely on the following types of allegations:

a.

A violation of the substantive provisions of the applicable land use regulations;

b.

Regarding the unconstitutionality of the decision;

c.

That the application is not eligible for review under state expedited land division laws or regulations or section 3.116.02 and should be reviewed as a land use decision or limited land use decision.

d.

That the parties' substantive rights have been substantially prejudiced by an error in procedure by the city.

e.

Any other allegation specifically provided by state law.

10.

The referee shall decide the appeal decision and the referee shall comply with state law when issuing a decision. The referee shall conduct a hearing similar to the process for a partition appeal consistent with state law. The referee shall make a written decision approving or denying the application or approving it with conditions designed to ensure the application satisfies the land use regulations within 42 days of the filing of an appeal.

A.

For an ELD to be considered, the proposed division must demonstrate how it complies with the following:

1.

The parent lot is zoned for residential use.

2.

The parent lot is solely for the purpose of residential use, including recreational or open spaces, accessory to residential use.

a.

Preliminary and final plat and notice requirements shall follow criteria in 3.116.03 to 3.116.05. These criteria are consistent with state law.

b.

The land division will not provide for dwellings or accessory buildings to be located on land that is within the Floodplain Overlay Zone (2.122), the Greenway Management Overlay Zone (2.123) or the Resource Conservation Overlay Zone (2.126).

c.

The land division satisfies minimum street or other right-of-way connectivity standards established by the city's transportation system plan, public works design manual, and the development code.

d.

The land division will result in development that either:

a)

Creates enough lots or parcels to allow building residential units at 80 percent or more of the maximum net density permitted by the zoning designation of the site; or

b)

All dwellings will be sold or rented to households with incomes below 120 percent of the median family income for Marion County. A copy of a deed restriction or other legal mechanism approved by the zoning administrator shall be submitted.

Final plan review criteria. Approval of a final plat for an ELD shall be consistent with the review criteria in 3.107.07. The process and criteria for final plat approval is as follows:

A.

Survey. Within three years of the final decision approving a preliminary plat, the final plat shall be recorded. If the final plat is not recorded within three years, the preliminary approval shall lapse. The city staff may extend the approval period for not more than one additional year at a time. Requests for extension of approval time must be submitted in writing 30 days prior to the expiration date of the approval period. Extensions may only be granted if no subsequent code amendments have been adopted that affect the ELD.

B.

Final approval. If the ELD plat is consistent with the approved preliminary plat, and if the conditions of approval have been satisfied, the city shall sign the final plat.

C.

Recording of approved plat. No building permit shall be issued until the final approved plat has been recorded with the county recorder. The applicant shall be responsible for all recording fees.

D.

Improvements/bonding. Prior to issuance of an occupancy permit, all improvements required by the conditions of approval shall be constructed or the construction shall be guaranteed through a performance bond or other instrument acceptable to the city as provided for in 3.202.05.B.