The purpose of this chapter is to establish standards and procedures for subdividing, partitioning land and adjusting lot lines in the city urban growth boundary. These regulations are necessary in order to provide uniform procedures and standards for the subdivision and partitioning of land and for the adjustment of lot lines, to provide for the proper width and arrangement of streets, pedestrian and bicycle connections, to coordinate proposed development with an overall plan, to provide for utilities and other public facilities, to avoid undue congestion of population, to ensure adequate sanitation and water supply, to provide for the protection, conservation, and proper use of land, and in general to protect the public health, safety and welfare.

(Ord. No. 3266 (Series 2023), § 4.1.001, 8-2-2023)

(a)

No person shall partition, subdivide land or adjust lot lines within the city limits and urban growth boundary except as provided in this chapter. All partition, subdivision and lot line adjustment plats, and all streets and ways utilized for the purpose of creating lots or parcels are required to be approved in accordance with these regulations.

(1)

A person desiring to partition or subdivide land within the incorporated area of the city or urban growth area shall submit a preliminary plat and final documents for approval as provided in this chapter and the Oregon Revised Statutes.

(2)

A person desiring to adjust a property line within the incorporated area of the city or within the urban growth area shall submit a lot line adjustment for approval as provided in this chapter and the Oregon Revised Statutes.

(b)

Recording a lot or parcel. No parcel created by major or minor partitioning or lot line adjustment shall be submitted for recording to the county clerk nor have any validity unless it has been approved as required by this chapter.

(c)

Sale of lots or parcels. No person shall sell any lot in any subdivision or convey any interest in a parcel in any partition until the plat of the subdivision or partition has been acknowledged and recorded with the county clerk. In negotiating to sell a lot in a subdivision or convey any interest in a parcel in any partition a person may use the approved preliminary plat for such subdivision or partition.

(d)

Permits. No building permit, or permission for the connection to the city water or sewerage systems shall be given for any structure on a parcel or lot in a partition or subdivision for which a plan or plat has not been approved and recorded in a manner prescribed herein.

(e)

The city may withhold all public improvements, including maintenance of streets and roads, from a partition or subdivision which has not been approved and recorded in the manner prescribed herein.

(Ord. No. 3266 (Series 2023), § 4.1.002, 8-2-2023)

Application for review of major partitions and subdivisions shall be subject to the planning commission and city council review procedure. Application for review of minor partitions shall be subject to the community development department/planning division review procedure.

(Ord. No. 3266 (Series 2023), § 4.2.001, 8-2-2023)

(a)

The preliminary plat for a major or minor partition may be approved only if the reviewing authority shall find that it satisfies the following criteria:

(1)

The proposed preliminary plat is in conformance with all applicable provisions of this subpart, other city codes and ordinances, and state law.

(2)

For a minor partition, no creation of a street or road is required.

(3)

The proposed partitioning of land does not prohibit the extension of existing or planned streets or roads or bicycle and pedestrian facilities.

(4)

The proposed partitioning will not conflict with legally established easements or access within or adjacent to the proposed land partition.

(5)

The parcels are located and laid out in a manner that is consistent with the established development pattern of the subdivision or adjoining or nearby lots or parcel lines, with the exception of flag lots; and will not interfere with utilities, streets, bicycle and pedestrian facilities, or other existing or planned facilities.

(6)

The proposed property is physically suitable for the type and proposed density of development and conforms to existing zone standards.

(7)

The existing public water and wastewater systems are available and adequate to serve the proposed development, including water for fire protection and access sufficient for fire equipment.

(8)

The resulting lots will conform to the minimum size standards required in that zone.

(9)

Industrial parcels existing at the effective date of the ordinance from which this subpart is derived of 20 acres or larger in size shall not be partitioned unless a specific industrial use is proposed.

(10)

Separate public water and wastewater services are available and will be provided to each parcel as it develops.

(11)

Major and minor land partition developers shall dedicate required street right-of-way and/or easements for the purpose of providing required infrastructure or bringing an existing right-of-way closer to or into attainment with city standards. Easements shall not be used for access to partitioned parcels unless it is clear that a future public right-of-way will not be needed to serve the area (in cases such as a flag lot partition).

a.

If the property to be partitioned is located adjacent to lands currently served by city standard infrastructure improvements (along the same side of the street), the developer shall install city standard infrastructure improvements along the entire frontage of the partitioned lots before the plat is signed by the community development director/planner. As an alternative, the developer may provide the city with a performance bond to guarantee installation of the required improvements before occupancy of any dwelling on the partitioned parcels.

b.

If the property to be partitioned is not located adjacent to lands currently served by city standard infrastructure improvements, the developer shall enter into an agreement to guarantee installation of required public improvements, including, but not limited to, street improvements, bicycle or multi-use paths, street trees, underground utilities (e.g., water, sanitary sewer, storm drainage, natural gas and electricity), curb, gutter and sidewalk and appurtenances as required by the community development department/planning division to serve the properties being partitioned. Said agreement shall include an irrevocable consent to participate in a local improvement district for financing the required improvements.

(12)

The community development director/planner and/or planning commission shall deny an application for partitioning when it appears the partitioning is part of a plan or scheme to create more than three parcels without going through subdivision or is part of a development pattern having the effect of creating more than three parcels without subdividing.

(13)

For commercial and/or industrial lots with existing areas of 2½ acres or more; and residential lots with existing areas of one-half acre or more, zoning approval shall not be granted until the city approves a master plan for the entire site which shows how the entire property will be ultimately divided and served with streets and utilities that meet applicable city standards. All development proposed shall comply with the approved master plan, unless a new master plan is approved by the city.

(b)

The approved master plan shall be filed with the county clerk and all development proposed shall comply with the approved master plan. The master plan shall be considered null and void only when a new master plan is approved by the city and filed with the county clerk.

(Ord. No. 3266 (Series 2023), § 4.2.002, 8-2-2023)

In the processing of a major or minor land partition, the following procedures shall be followed:

(1)

Initiation. An application for a land partition shall be initiated by the owner of the property for which the partition is sought or by the representative of the owner. The authorization of said agent shall be in writing and filed with the application.

(2)

Filing. An application for a land partition approval shall be filed on forms provided by the community development director/planner and shall set forth in detail all the information requested. Twenty copies of the drawing shall be submitted to the community development department/planning division along with the application and appropriate filing fee.

(3)

Filing fee. Application for a land partition with the required information attached shall be accompanied by a filing fee set by resolution of the city council to defray the costs incidental to the proceedings.

(4)

Incomplete application. No review shall be scheduled for a land partition if it is determined by the community development director/planner that the application does not provide the required information. Upon receipt of notification from the city that an application is incomplete, the applicant shall have up to 60 days to supply the required information or the application shall be terminated by the city.

(5)

Review by the community development department/planning division. Prior to a minor or major partition application being scheduled for an administrative approval or any agenda, the community development director/planner shall have 30 days in order to deem the application complete.

(6)

Review of the preliminary plat by other departments. Upon deeming an application complete, the community development director/planner shall furnish one copy of the preliminary plat and supplemental material to members of the development review committee for their review and comment. These designated agencies may review the plan and return their recommendations in writing to the community development director/planner prior to the scheduled review date.

(7)

Property inspection. All proposed partitions may be inspected by city staff prior to consideration by the review authority. If any unusual conditions such as improper site distances, excessive grades, improper drainage facilities or any other conditions that may have an adverse effect upon the surrounding property of the city are found to exist, conditions for approval of the plan and/or engineering plans, specifications, and additional improvements may be required subject to approval by the reviewing authority.

(8)

Conditions. The preliminary plat for a major or minor partition may be approved subject to conditions as judged necessary by the review authority to ensure that the development is compatible with other development in the vicinity, and that any adverse impact attributable to the development are minimized. The city may require street right-of-way to be dedicated and streets, sidewalks, curbs, planting strips or other public improvements, so long as findings in the development approval indicate how the dedication or improvements, if not voluntarily accepted by the applicant, are roughly proportional to the impact of the proposed development.

(9)

Survey of parcels. The review authority, in reviewing the preliminary plat, will require a survey. Following the approval of a preliminary plat for a partition, the partitioner shall cause the lots thus created to be accurately surveyed and monumented in accordance with standards established in ORS ch. 92, as revised.

(10)

Submission of final plat. Within one year of the date of approval of a preliminary plat, the partitioner shall prepare and submit a final plat which conforms with the approved preliminary plat and section 111-26(2). All materials necessary for final partition approval must be submitted prior to the partition expiration date. When a conditional use permit or a variance is a condition of approval, the one year time limit for final map submittal will begin the date the order is signed for either the conditional use permit or variance.

(11)

Extension of time limit. Prior to the expiration date of the time limit for the submission of a final partition, a partitioner may apply for a one year extension of time on forms provided by the community development department/planning division accompanied by the fee as set forth by resolution of the city council. A maximum of three such extensions may be granted by the community development director/planner following the date of tentative approval and upon a written finding that the facts upon which the approval of the preliminary partition was based have not changed to an extent sufficient to warrant re-filing of the preliminary partition, and after a finding that no other development approvals would be affected. If a time extension is not requested or approved, the partitioner shall file a new application for review of the tentative partition.

(12)

Signature of city surveyor. If any of the following conditions must be met, the city surveyor shall affix their signature to the final partition plat:

a.

Before approval is certified on the final plat, the partitioner shall:

1.

If required, install all improvements and repair existing streets, bicycle and pedestrian facilities, and other public facilities damaged in the development of the partition; or

2.

Execute and file with the community development director/planner an agreement between such petitioner and the city specifying that within two years all required improvements and repairs shall be completed, and providing that if such work is not completed within two years, the city may complete the same, and recover the full cost and expense thereof from the partitioner. Any fire access or fire flow requirements must be in place prior to construction of any structure.

b.

The required street improvements and repair of existing street and bicycle and pedestrian facilities shall be done in accordance with the requirements of the city public works department/engineering division and the provisions of this subpart.

c.

If improvements are to be installed by the applicant under terms of an agreement:

1.

A bond or other security acceptable to the city attorney may be required;

2.

Construction of the roads may be permitted in phases under conditions specified;

3.

Extension of the time limit may be granted under conditions specified; and

4.

Termination of the agreement may be made upon the completion of proceedings pursuant to applicable statutes for the formatting of an assessment direction providing for the construction of the improvements specified in the agreement.

d.

The partitioner shall file with the agreement (in subsection (12)a.2 of this section), to ensure the partitioner's full and faithful performance thereof, one of the following subject to the approval by the city:

1.

A surety bond executed by a surety company authorized to transact business in the state;

2.

Cash or certified check;

3.

Time deposit certificate payable to the city;

4.

Savings account assignment to the city;

5.

An irrevocable letter of credit in favor of the city from a financial institution authorized to do business in the state in a form acceptable to the city.

e.

Such assurance of full and faithful performance shall be for a sum determined by the city engineering superintendent or city engineer as sufficient to cover the cost of the improvements and repairs, including related engineering and incidental expenses.

f.

In the event the partitioner shall fail to carry out all provisions of the agreement, the city shall:

1.

Call on the surety company for full and faithful performance; or

2.

Use the deposit or letter of credit to complete the work.

g.

If the amount of the bond, deposit or letter of credit exceeds the cost of completing the work, the city shall release the remainder to the rightful claimant. If the amount of the bond, deposit or letter of credit is less than the cost of completing the work, the partitioner shall be liable for the difference and upon demand, pay such liability to the city.

(13)

Approval of city surveyor. Upon receipt of the final plat, the community development director/planner shall transmit the final plat and other related supplementary data to the city surveyor who shall review the final plat and information to determine that there has been full compliance with all applicable statutes and provisions and that the plat is technically correct and within the allowable limits of error according to statutes. The city engineering superintendent may, if the engineering superintendent determines it is necessary as part of the review, make field checks to verify that the plat is sufficiently correct on the ground. When the engineering superintendent finds the final plat to be in full conformance, the engineering superintendent shall so certify on the face of the map by affixing their signature.

(14)

Approval of the community development director/planner. Upon submission of the final plat and supplementary information to the community development department/planning division, the community development director/planner determines that the final map is in conformance with the approved tentative plan and the requirements of this subpart, the community development director/planner shall refer the map to the appropriate review authority for signature.

(15)

Filing of final plat. After obtaining all required approvals and signatures, the partitioner shall file the map with the county assessor's office and an exact copy with the county surveyor, if applicable. Approval of the final map shall be null and void if the map and required tracing is not filed within 30 days after the date of the review authority's required approving signature, or of the approving body of an appeal action.

(16)

Limitation. No request for a similar partition shall be considered by the review authority within a one-year period immediately following a denial of the partitioning of the same property.

(Ord. No. 3266 (Series 2023), § 4.2.003, 8-2-2023)

The following standards shall apply for the submission of major and minor partition preliminary plats, final plats, and supplementary materials:

(1)

Preliminary plat and supplementary materials.

a.

Preparation and submission. The partitioner shall cause to be prepared a preliminary plat, together with improvement plans and other supplementary materials as may be required, to indicate the objectives of the development. Twenty copies of the minor and major partition preliminary plat and one tracing suitable for making copies shall be submitted to the community development department/planning division.

b.

Information required. The following information shall be shown on the preliminary plat:

1.

The preliminary plat shall be drawn with an engineer's scale that will be commensurate with its purpose, but no more than one inch equals 100 feet, and shall show the partition number assigned by the city community development department/planning division (obtained prior to submittal), north point and date of map preparation.

2.

All proposed lot lines and dimensions thereof, in addition to the external boundaries of the property being partitioned, the location of all permanent reference monuments, either found or set.

3.

Outline and location of existing buildings to remain on the property and address, if available.

4.

The location, width and names of all streets, both existing and proposed; the location, width and purpose of all existing and proposed easements; all existing and proposed utilities; and the method of serving each parcel, including the source of domestic water supply and the method of sewage disposal.

5.

Approximate square feet of each parcel.

6.

The existing and proposed use of the land.

7.

Jurisdictional or political boundaries.

8.

Any elevation datum used.

9.

Proposed means of vehicular access to individual parcels.

10.

Locations of any existing water wells, approximate location of any septic tanks and leach field on each parcel.

11.

All bodies of water such as rivers, streams, lakes, irrigation facilities.

12.

Natural physical features such as canyons, bluffs, rock outcroppings, steep slopes, etc.

13.

Approximate street grades and direction of surface water drainage flow on existing or proposed streets.

14.

The names, addresses and telephone numbers of the owners, contract purchasers, partitioners of the subject property and the person preparing the preliminary plat.

15.

A vicinity map shall be required.

16.

Comprehensive plan designations and land use zones applicable to the subject property.

17.

Description of and location of all proposed improvements.

18.

Boundary lines of adjacent properties and the names of owners of record.

19.

The property location (subdivision, section, township and range).

20.

The surveyor's name, address, telephone number and registration number.

c.

The preliminary plat must indicate:

1.

Legal access to pre-platted lots.

2.

Easements for vehicular and utility access if determined necessary by the community development director/planner after consultation with appropriate agencies and utilities.

d.

The pre-plat map must be:

1.

18 inches by 24 inches. This may be enlarged if determined necessary by the community development director/planner or designee.

2.

Drawn on good quality tracing medium.

It is encouraged that this step be worked out with the community development director/planner prior to submitting, for ease of application.

e.

The provisions of section 111-58(13) shall also be considered for major partitions.

(2)

Final plat.

a.

Partitions shall be drawn in black India ink on three to five mil Mylar, or photographically reproduced on good quality tracing medium, 18 inches by 24 inches and no part of the drawing shall be nearer to the edge of the sheet than one inch. One reproducible copy of the map shall also be submitted. A current preliminary title report or subdivision guarantee issued within the past 30 days in the name of the owners shall be submitted with the final map to the community development director/planner. The final plat shall include spaces for dates and signatures of the appropriate approving body, and the city surveyor. If the decision on a partition has been referred or appealed from the reviewing authority, the final plat shall then have signature spaces for the approving body in lieu of the reviewing authority and a signature space for the city surveyor and county clerk for filing purposes.

b.

The following information shall be clearly and legibly shown on the approved plat:

1.

The date of survey.

2.

Scale of drawing and north point.

3.

The course of all lines traced or established, giving the basis of bearing and the distance and course to a section corner, one-quarter corner, one-sixteenth corner in township and range, or to a lot corner of a platted subdivision.

4.

All bearings or measured angles and distances separately indicated from those of record.

5.

All monuments set and their relation to older monuments found. A detailed description of monuments found and set shall be included and all monuments set shall be separately indicated from those found.

6.

The name or person for whom the survey was made.

7.

Discrepancies between survey and older surveys and evidence of existing lines of occupancy.

8.

The number of the partition assigned by the county.

9.

Street names adjacent to the partition.

10.

Signed land surveyor's stamp.

11.

Statement of appurtenant water right.

(Ord. No. 3266 (Series 2023), § 4.2.004, 8-2-2023)

Application for the review of a preliminary plat of a subdivision shall be subject to the planning commission review procedure.

(Ord. No. 3266 (Series 2023), § 4.3.001, 8-2-2023)

The preliminary plat of a proposed subdivision may be approved only if the reviewing authority finds that it satisfies the following criteria:

(1)

The preliminary plat of the proposed subdivision is in conformance with all applicable provisions of this subpart, other ordinances and state law.

(2)

The circulation plan, which includes streets, signage, lighting, clustered mailboxes, bicycle and pedestrian facilities for the proposed subdivision will permit its development in accordance with this subpart and the La Grande/Island City Transportation System Plan.

(3)

The future street plan for the proposed subdivision will permit the development of adjoining land or is provided access that will allow its development in accordance with this subpart.

(4)

The site of the proposed subdivision is physically suitable for the type and density of the proposed development.

(5)

The existing public water and wastewater systems are available adequate to serve the proposed development.

(6)

Development of the site is consistent with the need to minimize flood and landslide damage.

(7)

For commercial and/or industrial lots with existing areas of 2½ acres or more; and residential lots with existing areas of one-half acre or more, zoning approval shall not be granted until the city approves a master plan for the entire site which shows how the entire property will be ultimately divided and served with streets and utilities that meet applicable city standards. All development proposed shall comply with the approved master plan, unless a new master plan is approved by the city. The approved master plan shall be filed with the county clerk and all development proposed shall comply with the approved master plan. The master plan shall be considered null and void only when a new master plan is approved by the city and filed with the county clerk.

(8)

Any other criteria as may be pertinent.

(Ord. No. 3266 (Series 2023), § 4.3.002, 8-2-2023)

In the processing of a subdivision, the following procedures shall be followed:

(1)

Initiation. An application for a subdivision shall be initiated by the owner of the property for which the subdivision is sought or by the representative of the owner. The authorization of said agent shall be in writing and filed with the application.

(2)

Filing. An application for a subdivision approval shall be filed on forms provided by the community development director/planner and shall set forth in detail all the information requested. Twenty copies of the drawings shall be submitted to the community development department/planning division along with the application and appropriate filing fee.

(3)

Filing fee. Application for a subdivision with the requested information attached shall be accompanied by a filing fee set by resolution of the city council, to defray the costs incidental to the proceedings.

(4)

Incomplete application. No review shall be scheduled for a subdivision if it is determined by the community development director/planner that the application does not provide the required information. Upon receipt of notification from the city that an application is incomplete, the applicant shall have up to 60 days to supply the required information or the application shall be terminated by the city.

(5)

Review by the community development department/planning division. Prior to a preliminary plat application being scheduled on any agenda, the community development director/planner shall have 30 days in order to deem the application complete.

(6)

Review of the preliminary plat by other departments. Upon deeming an application complete, the community development department/planning division shall furnish one copy of the preliminary plat and supplemental material to the agencies or offices contained on the hearings notification checklist maintained by the community development department/planning division. These agencies may review the plat and return their recommendations in writing to the community development director/planner prior to the hearing.

(7)

Property inspection. All proposed subdivisions may be inspected by city staff prior to consideration by the planning commission. If any unusual conditions such as improper site distance, excessive grades, improper drainage facilities, or any other conditions that may have an adverse effect upon the surrounding property are found to exist, conditions for approval of the plan and/or engineering plans, specifications, and additional improvements may be required subject to approval by the planning commission.

(8)

Review by appropriate authority. The application for a subdivision shall be reviewed by the appropriate review authority as provided in chapter 101, article IV.

(9)

Conditions. The preliminary plat for a subdivision may be approved subject to conditions as judged necessary by the planning commission to ensure that the development is compatible with other development in the vicinity, and that any adverse impact attributable to the development are minimized. The city may require street right-of-way to be dedicated and streets, sidewalks, curbs, planting strips or other public improvements, so long as findings in the development approval indicate how the dedication or improvements, if not voluntarily accepted by the applicant, are roughly proportional to the impact of the proposed development.

(10)

Survey of lots. Following the approval of a preliminary plat for a subdivision, the subdivider shall cause the lots thus created to be accurately surveyed and monumented in accordance with standards established in ORS 92.050 et seq., as revised.

(11)

Submission of final plat. Within one year of the date of approval of a preliminary plat, the subdivider shall prepare and submit a final plat which conforms to the approved preliminary plat and the survey. In the event of appeal of decision, the one-year time limit shall be from the date when all appeals are concluded. When a conditional use permit or variance is a condition of approval, the one-year time limit for final map submittal will begin the date the order is signed for either the conditional use permit or variance. For phased developments, the one-year time limit shall be from the date of final plat approval of the prior phase. The final plat shall be prepared in accordance with the state law and the provisions of this subpart. Any major revisions from the approved or conditionally approved preliminary plat, determined at the time that detailed surveying work is accomplished, shall be reviewed by the community development department/planning division. If determined necessary, the plat shall be referred back to the planning commission for approval of the modified plat. The community development director/planner will allow density changes of up to a ten percent increase or 20 percent decrease in overall density so long as any increase of density is within the allowable limits of the applicable zone designation.

(12)

Extension of time limit. Prior to the expiration date of the time limit for the submission of a final plat, a subdivider may apply for a one-year extension of time on forms provided by the community development department/planning division accompanied by the fee established by resolution of the city council. A maximum of three of such extensions may be granted by the community development director/planner following the date of tentative approval and upon a written finding that the facts upon which the approval of the preliminary plat was based have not changed to an extent sufficient to warrant re-filing of the preliminary plat, and after a finding that no other development approvals would be affected. For phased developments, the cumulative length of all phases, including all extensions, shall not exceed eight years. If a time extension is not requested or approved, the subdivider shall file a new application for review of the preliminary plat.

(13)

Approval of city engineer or engineering superintendent. Upon its receipt, the community development department/planning division shall transmit the final plat and other related supplementary data to the city engineer or engineering superintendent, who shall ensure that the subdivider has complied with the following requirements:

a.

Before approval is certified on the final plat, the subdivider shall:

1.

Install all required improvements and repair existing street, bicycle and pedestrian facilities and other public facilities damaged in the development of the subdivision; or

2.

Execute and file with the city an agreement specifying that within two years all required improvements and repairs shall be completed, and providing if such work is not completed, within two years, the city may complete the same and recover the full cost and expense from the subdivider. Any fire access or fire flow requirements must be in place prior to construction of any structure.

b.

The required street improvements and repair of existing streets, bicycle or pedestrian facilities shall be done in accordance with the requirements of the city engineer or engineering superintendent and the provisions of this subpart.

c.

An improvement inspection fee shall accompany the submission of the final plat when required.

d.

When improvements are to be installed by the subdivider under terms of an agreement:

1.

A subdivision bond or other security acceptable to the city shall be required;

2.

Construction of the roads may be permitted in phases under conditions specified; and

3.

Extension of the time limit may be granted under conditions specified.

e.

The subdivider shall file with the agreement, to ensure such subdivider's full and faithful performance, one of the following subject to city approval:

1.

A surety bond executed by a surety company authorized to transact business in the state;

2.

Cash or certified check;

3.

Time deposit certificates payable to the city;

4.

Savings account assignment to the city; or

5.

An irrevocable letter of credit in favor of the city from a financial institution authorized to do business in the state in a form acceptable to the city.

f.

Such assurance of full and faithful performance shall be for a sum determined by the city as sufficient to cover the cost of the improvements and repairs, including related engineering and incidental expenses.

g.

In the event the subdivider shall fail to carry out all provisions of the agreement, the city shall:

1.

Call on the surety company for full and faithful performance; or

2.

Use the deposit or certified check to complete the work.

h.

If the amount of the bond, deposit, or letter of credit exceeds the cost of completing the work, the city shall release the remainder to the rightful claimant. If the amount of the bond, deposit or letter of credit is less than the cost of completing the work, the subdivider shall be liable for the difference and upon demand, pay such liability to the city.

(14)

Approval of city surveyor. Upon receipt of the final plat, the community development department/planning division shall transmit the final plat and other related supplementary data to the city surveyor, who shall review the final plat and information to determine that there has been full compliance with all applicable statutes and provisions and that the plat is technically correct and within the allowable limits of error according to statutes. The city surveyor shall make field checks to verify that the plat is sufficiently correct on the ground. When the city surveyor finds the final plat to be in full conformance, the surveyor shall so certify on the face of the plat by affixing their signature.

(15)

Approval of community development director/planner. Upon submission of the final plat and supplementary information to the community development department/planning division, the community development director/planner shall thoroughly review the final plat. If the community development director/planner determines that the final plat is in conformance with the approved preliminary plat and planning requirements, the community development director/planner shall sign the final plat. If the final plat is not in conformance, it shall be referred to the planning commission at their next regular meeting for consideration, who shall then approve or disapprove the plat. An appeal from the actions of the planning commission may be filed with the city council, who shall make a final determination. Upon the plat being approved by the city council or being made to conform to the original conditions of approval, the community development director/planner shall affix their signature to the plat.

(16)

Approval of the city council. After review and approval of the final plat by the community development director/planner, the subdivider shall submit the same to the city council for approval. If all requirements are met and all approvals obtained, the city council shall accept the full plat for signature and recording.

(17)

Filing of final plat. After obtaining all required approvals and signatures, the subdivider shall file the plat and exact copy with the county clerk. Approval of the final plat shall be null and void if the plat and required tracing is not filed within 30 days after the date of the city council's required approving signature. Upon the filing of the plat, the subdivider shall furnish one print of the final plat to each of the following: county assessor, county surveyor, city surveyor, and the community development director/planner.

(Ord. No. 3266 (Series 2023), § 4.3.003, 8-2-2023)

The following standards shall apply for the submission of preliminary and final subdivision plats, and supplementary materials:

(1)

Preliminary plat and supplemental materials.

a.

Preparation and submission. The subdivider shall prepare a preliminary plat, together with improvement plans and other supplementary material as may be required, to indicate the general subdivision plan and objectives of the development. Twenty copies of the preliminary plat shall be submitted to the community development department/planning division.

b.

Information required. The following information shall be shown on the preliminary plat:

1.

The preliminary plat shall be drawn to a scale of not more than one inch equals 100 feet;

2.

A tract number or numbers shall be obtained from the city surveyor which number, if not used, within two years from the date issued, shall become null and void. In addition to the number, a name may be used; however, such name shall not duplicate or resemble the name of any other subdivision in the county. The city surveyor shall maintain a permanent record of all tract numbers;

3.

When a number or numbers have been assigned by the surveyor for the subdivision of a particular parcel or contiguous parcels of land, the subdivider shall place same upon each preliminary plat of the subdivision and neither the number or numbers, nor the area of the parcel of land for which the number or numbers was issued shall thereafter be changed or altered in any manner upon the preliminary plat of the subdivision unless and until a new number or numbers have been assigned by the city surveyor;

4.

Date, north point, scale of drawing and sufficient description (vicinity map) to define the location and boundaries of the proposed tract;

5.

Location of the subdivision by section, township and range;

6.

Names, addresses and telephone numbers of all owners within the subdivision, the subdivider, if other than the owner and the registered surveyor; and

7.

Appropriate identification clearly stating the map is a preliminary plat.

c.

Existing conditions. The following existing conditions shall be shown on the preliminary plat:

1.

The location, width, and names of all existing or platted streets, ways or other public ways within or adjacent to the proposed subdivision, easements, railroad rights-of-way, and other important features, such as section lines and corner and city boundary lines;

2.

Contour lines shall be shown at the following minimum intervals, and shall be related to some established benchmark or other datum as approved by the city engineer:

(i)

Two-foot contour intervals for ground slopes between five percent and ten percent; and

(ii)

Five-foot contour intervals for ground slopes exceeding ten percent;

3.

The location and direction of all watercourses including a delineation of the high-water mark;

4.

Natural features, such as rock outcroppings, marsh lands, wooded areas, preservable trees;

5.

Existing uses of the property, including the location of all existing structures to remain on the property after platting; and

6.

Any utilities within the surrounding area, i.e., water, storm and sanitary sewer, electricity, natural gas, television, and telephone lines.

d.

Proposed plan of development. The following information shall be included on the preliminary plat:

1.

All streets showing the location, widths, names, approximate grades, and approximate radii of curves and the relationship of all streets to any projected streets;

2.

The location and width of all existing and proposed easements, including the purpose of such easement;

3.

Lot layout showing approximate dimensions, minimum lot size, and proposed lot and block numbers;

4.

All land proposed to be reserved by the subdivider for public purposes, showing the location, size, and proposed uses; and

5.

The location of street signage, street lighting, fire hydrants, clustered mailboxes, and other required right-of-way improvements.

e.

Accompanying statement. A statement containing the following information shall accompany the preliminary plat and if the information cannot be shown practically on the preliminary plat, it shall be submitted in a separate statement with the preliminary plat:

1.

Proposed uses of the property and present zoning, if applicable;

2.

Proposed and/or existing deed restrictions, if any;

3.

Statement of the improvements proposed to be made or installed, the time such improvements are proposed to be made or completed, and the procedures the subdivider wishes to use;

4.

Statement of what provisions are proposed for water supply, sewage disposal and drainage;

f.

Drainage plan. A drainage plan, prepared in accordance with chapter 105, article V, shall accompany all preliminary plats.

g.

Street trees. All developers of proposed subdivisions of land shall be required to prepare a street tree planting plan prior to submission of the final plat. It will be the developer's responsibility to install street trees, as indicated on the approved plan and in accordance with chapter 107, article VI.

(2)

Final plat and supplementary materials.

a.

Drafting the plat. The final plat shall be drawn in black India ink on good quality, three to five mil Mylar drawing film 18 inches by 24 inches in size. No part of the drawing shall be nearer to the edge of the sheet than one inch. An exact duplicate of the final plat, either drawn in black India ink or photographically reproduced on good quality tracing medium, suitable for making prints as defined in the Oregon Revised Statutes, shall be filed in the office of the county surveyor after all approvals have been obtained.

b.

Information required. The final plat shall include the following information:

1.

The number and, if applicable, the name of the subdivision, date, scale, north point, legend and controlling topography such as creeks, highways, and railroads;

2.

Written legal description of the plat boundaries;

3.

Names of all owners within the subdivision and the registered land surveyor that prepared the plat;

4.

Reference points of existing surveys identified, related to the plat by distances and bearings, and referenced to a field book or map as follows:

(i)

All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision;

(ii)

Adjoining corners of all adjoining subdivisions;

(iii)

Township, range, section and donation land claim lines within, or adjacent to the plat;

(iv)

Whenever the city has established the centerline of a street adjacent to or within the proposed subdivision, the location of this line shall be shown and monuments found or reset; and

(v)

All other monuments found or established in making the survey of the subdivision or required to be installed by provisions of these regulations;

5.

The length of all arcs and radii or curves, points of curvature, lengths and bearings of tangents and/or chords. All adjusted distances shall be shown to the nearest one-hundredth of a foot. All adjusted bearings and angles shall be shown to the nearest one second and the basis of the bearing shown. Error of closure of the field work shall be within the limit of one foot in 10,000. Field survey shall be adjusted out of recorded plat distances and bearings so dimensions show on lot, block and tract boundary will produce as near perfect mathematical closure as practical;

6.

The location, names and widths of all streets, existing or being created. For streets on a curvature, curve data shall be based on the centerline and shall indicate thereon the radius, the central angle, and the arc length which data may be shown in table form;

7.

The width and length of all easements existing or being created. For existing easements not definitely located of record, a statement of the easement must be included. New easements being dedicated by the plat shall be properly referenced in the owner's certificate of dedication;

8.

Each lot or parcel shall be numbered consecutively throughout the plat;

9.

Land parcels to be dedicated for any purpose, public or private, with all dimensions, boundaries, and courses clearly shown and defined in every case to be distinguished from lands intended for sale;

10.

The following certificates, which may be combined where applicable, exact as to form and content to those of these standards:

(i)

A certificate signed and properly acknowledged by all parties having any record title interest in the land to be subdivided, consenting to the preparation and recording of land shown on the final map;

(ii)

A certificate signed and properly acknowledged by the registered land surveyor responsible for the survey and preparation of the final plat. The signature of such registered surveyor shall be accompanied by the surveyor's seal;

(iii)

A certificate signed by the city engineer certifying that the subdivider has complied with one of the following alternatives:

A.

All improvements have been installed in accordance with the requirements of this chapter and with the action of the planning commission giving conditional approval of the preliminary plat; or

B.

An agreement has been executed as provided in section 111-58(13)a.2;

(iv)

A certificate signed by the county assessor certifying that all ad valorem taxes and all special assessments, fees and other charges required by law to be placed on the tax roll which became a lien during this calendar year have been paid;

(v)

A certificate, on the required tracing of the final plat, signed by the county clerk and the registered surveyor certifying that the tracing is a true and exact copy of the final plat; and

(vi)

Statement of appurtenant water rights.

11.

Space for signatures of the following: city surveyor, county treasurer, community development director/planner, mayor and city council.

c.

Supplemental information with final plat. The following data shall accompany the final plat:

1.

A preliminary title report or subdivision guarantee issued by a title company in the name of the owner of the land, showing all parties having any title interest in the premises and what interest they have;

2.

If applicable, a good and sufficient bargain and sale deed, executed to city, free from all restrictions, outstanding liens and encumbrances, conveying property other that streets, alleys or walkways for public use;

3.

A copy of any deed restrictions applicable to the subdivision, such as a disclosure statement addressing maintenance responsibilities for any stormwater drainage bioswales;

4.

Plans, profiles and specifications, prepared by the engineer showing proposed construction design and standards for all improvements;

5.

All such design work shall be submitted to and approved by the city engineer before construction begins, changes in plans must be reviewed with the design engineer and approved by the city engineer, and final inspection and approval of the completed improvements shall be made by the city engineer or the engineer's authorized representative before the improvements are accepted and performance assurance released.

(Ord. No. 3266 (Series 2023), § 4.3.004, 8-2-2023)

Application for review of duplex divisions shall be subject to community development department/planning division review procedures.

(Ord. No. 3266 (Series 2023), § 4.4.001, 8-2-2023)

(a)

The application for a duplex division may be approved only if the reviewing authority shall find that it satisfies the following criteria:

(1)

It is consistent with the purpose and intent of the land development code ordinance.

(2)

The existing lot is occupied by a duplex that conforms to all applicable regulations.

(3)

A single-family structure will not replace or be added to the lot.

(4)

The resulting lots will be relatively equal in size with the maximum difference equal to ten percent or less of the total area of the original lot, except for corner lots.

(5)

Minimum lot width is not less than 30 feet, or 40 feet for corner lots.

(6)

Minimum lot area is at least 1,500 square feet.

(7)

The parcels are located and laid out in a manner that is consistent with the established development pattern of the subdivision or adjoining or nearby lots or parcel lines, with the exception of flag lots; and will not interfere with utilities, streets, bicycle and pedestrian facilities, or other existing or planned facilities.

(8)

Each parcel will have independent service unless common service is approved by the affected utility agency and is adequately covered by a city attorney approved easement recorded in the county recorder's office and establishing the rights, responsibilities, and liabilities of the affected parties.

(9)

Prior to approval, the community development director/planner may require the applicant to enter into a written, city attorney approved common interest agreement suitable for recording in the county recorder's office that establishes rights, responsibilities, and liabilities with respect to maintenance and use of common areas, such as, but not limited to, walls, roofing, water pipes, and wiring.

(10)

A common interest agreement shall not be required if the owner can demonstrate in writing to the community development director/planner that each unit will be assured separate and independent utility service as indicated by the required plans and that the units are or will be separated by two one-hour fire walls with a common foundation under the walls approved by the city building official.

(11)

One off-street parking space exists or will be created for each resulting lot.

(12)

For residential lots with existing areas of one-half acre or more, zoning approval shall not be granted until the city approves a master plan for the entire site which shows how the entire property will be ultimately divided and served with streets and utilities that meet applicable city standards. All development proposed shall comply with the approved master plan, unless a new master plan is approved by the city.

(b)

The approved master plan shall be filed with the county clerk and all development proposed shall comply with the approved master plan. The master plan shall be considered null and void only when a new master plan is approved by the city and filed with the county clerk.

(Ord. No. 3266 (Series 2023), § 4.4.002, 8-2-2023)

In the processing of a duplex division, the applicable procedures listed in section 111-25 shall be followed. The application form may be obtained from the community development department/planning division.

(Ord. No. 3266 (Series 2023), § 4.4.003, 8-2-2023)

(a)

The applicable standards listed in section 111-26 shall apply for the submission of a duplex division lot. The application shall be filed on forms provided by the community development director/planner and shall set forth in detail all the information requested. Twenty copies of the drawings shall be submitted to the community development department/planning division along with the application and appropriate filing fee.

(b)

In addition to the requirements of section 111-26, the preliminary plat shall include the following with accurate dimensions:

(1)

The location of the duplex, accessory structures and off-street parking for each unit.

(2)

The minor partition application shall be accompanied by a floor plan drawn to scale and a common wall cross-section showing the type and location of all utility service lines to and within the building pertaining to sewers, water, electrical, telephone, television cable, and natural gas. Any desired changes shall be specified on these plans and noted on the minor partition final plat.

(3)

Easements shall be shown on the minor partition plat where it will be necessary to have the common use of facilities, such as sewer and water service lines.

(c)

Any shared use of utilities shall be covered by written approval from the serving utility company.

(Ord. No. 3266 (Series 2023), § 4.4.004, 8-2-2023)

(a)

The city council, upon recommendation by the planning commission, shall approve the creation of a street to be established by deed or dedication if action is initiated by a property owner, the planning commission, or the city council, and the street is declared essential for general traffic circulation and/or the resulting partition of land.

(b)

When approval of a street is requested without full compliance with regulations applicable to subdivisions or major partitions, a copy of the proposed deed shall be submitted at least 30 days prior to the planning commission meeting at which consideration is desired. The deed and accompanying information shall be reviewed by the planning commission.

(Ord. No. 3266 (Series 2023), § 4.5.001, 8-2-2023)

The application form may be obtained from the community development department/planning division.

(Ord. No. 3266 (Series 2023), § 4.5.002, 8-2-2023)

Application for review of lot line adjustments shall be subject to the community development department/planning division review procedure.

(Ord. No. 3266 (Series 2023), § 4.6.001, 8-2-2023)

(a)

The lot line adjustment may be approved only if the reviewing authority shall find that it satisfies the following criteria:

(1)

The proposed lot line adjustment is in conformance with all applicable provisions of this subpart, other city codes and ordinances, and state law.

(2)

The proposed lot line adjustment will not conflict with legally established easements or access within or adjacent to the proposed lot line adjustment.

(3)

The lot line will be laid out to properly relate to adjoining or nearby lot or parcel lines, utilities, streets, or other existing or planned facilities.

(4)

The resulting lots will conform to the lot size and shape provisions of this subpart, except as provided in subsection (a)(7) of this section.

(5)

The result of the proposed lot line adjustment will not produce nonconforming structures or uses, except as provided in subsection (a)(7) of this section.

(6)

No new units of land will be created. Applicants are advised to contact the county assessor's office to determine the procedure to consolidate lands received after a lot line adjustment with existing lands. If consolidation is not feasible, the city may accept a deed restriction prohibiting the sale of the adjusted lands separately from the original lands.

(7)

Lot line adjustments of a nonconforming lot of record, as defined in section 109-438, may result in a parcel remaining nonconforming, provided that:

a.

The intent of the lot line adjustment is to resolve conflicts between the surveyed property line location and developed site improvements where a prescriptive right may exist; or

b.

The result of the lot line adjustment is to create parcels that are less nonconforming.

(8)

For commercial and/or industrial lots with existing areas of 2½ acres or more, and residential lots with existing areas of one-half acre or more, zoning approval shall not be granted until the city approves a master plan for the entire site which shows how the entire property will be ultimately divided and served with streets and utilities that meet applicable city standards. All development proposed shall comply with the approved master plan, unless a new master plan is approved by the city.

(b)

The approved master plan shall be filed with the county clerk and all development proposed shall comply with the approved master plan. The master plan shall be considered null and void only when a new master plan is approved by the city and filed with the county clerk.

(Ord. No. 3266 (Series 2023), § 4.6.002, 8-2-2023)

In processing of a lot line adjustment, the following procedures shall be followed:

(1)

Initiation. Application for lot line adjustment approval shall be initiated by the owner and/or the owner's authorized representative as provided in section 111-127(1), for which lot line adjustment approval is sought.

(2)

Filing. Application for lot line adjustment approval shall be filed on forms provided by the community development director/planner and shall set forth in detail all the information requested. Twenty copies of the drawings shall be submitted to the community development department/planning division along with the application and appropriate filing fee.

(3)

Filing fee. There shall be a filing fee set by the city council, by resolution, to defray the costs incidental to the review process.

(4)

Review by the community development department/planning division. Prior to an application being scheduled for an administrative approval or any agenda, the community development director/planner shall have 30 days in order to determine if an application is complete.

(5)

Review of the lot line adjustment plat by other departments. Upon deeming an application complete, the community development director/planner shall furnish one copy of the plat and supplemental materials to members of the development review committee for their review and comment. These designated agencies may review the plat and return their recommendations in writing to the community development director/planner prior to the scheduled review date.

(Ord. No. 3266 (Series 2023), § 4.6.003, 8-2-2023)

The following information shall be shown on the preliminary lot line adjustment drawing:

(1)

The map shall be drawn with an engineer's scale that will be commensurate with its purpose, but no more than one inch equals 100 feet, and shall show the north arrow, date of map preparation and date of survey.

(2)

When a survey map is required by the state statutes, the map shall be drawn on good quality tracing medium with a size of 18 inches by 24 inches or 24 inches by 36 inches.

(3)

When required by state statute, a survey shall be performed identifying all existing and proposed locations of lot lines and dimensions thereof, in addition to the external boundaries of the properties being adjusted, and the location of all permanent reference monuments, either found or set.

(4)

Outline the location of existing buildings and fences to remain on the property and address, if available.

(5)

The location and names of all adjacent streets and the location of all existing and proposed easements; and all existing and proposed utilities.

(6)

Approximate square feet of each parcel.

(7)

Jurisdictional or political boundaries.

(8)

Locations of any existing water wells, approximate location of any septic tanks and leach field on each parcel.

(9)

All bodies of water such as rivers, streams, lakes, irrigation facilities.

(10)

The names, addresses and telephone numbers of the owners of the subject properties and the person preparing the plat.

(11)

A vicinity map shall be required.

(12)

Boundary lines of adjacent properties and the names of owners of record.

(13)

The property location (subdivision, section, township and range).

(14)

If a surveyor is required due to Oregon Revised Statutes requirements, the surveyor's name, address, telephone number, and registration number.

(Ord. No. 3266 (Series 2023), § 4.6.004, 8-2-2023)