It is the purpose of this article 9, in accordance with the provisions of ORS 92 and 227, to provide for minimum standards governing the approval of land divisions, including subdivisions and land partitions, as necessary to carry out the needs and policies for adequate traffic movement, water supply, sewage disposal, drainage and other community facilities, to improve land records and boundary monumentation and to ensure equitable processing of subdivision, partitioning and other land division activities within the city and the surrounding urban area.

No person may subdivide, partition or otherwise divide land, or create a planned unit or cluster development, or create a street for the purpose of developing land except in accordance with the provisions of this article 9, this chapter and ORS 92.012 and 227.100.

State Law reference— Requirements for subdivision of land, ORS 92.010—92.192; submission of plats and plans, ORS 227.100 et seq.

A.

Application. Any person proposing a subdivision, or the authorized agent or representative thereof, shall submit an application for a subdivision to the city. The application shall be accompanied with either an outline development plan as provided for in division [subsection] B of this section, or a tentative plan as set forth in division [subsection] C of this section, together with improvement plans and other supplementary material as may be required, and the materials required for the applicable review type as specified in article 7. The number of copies required shall be as specified on the application form. The date of filing shall be construed to be the date on which all of the foregoing materials are received and accepted by the appropriate city official.

B.

Outline development plan. The submittal of an outline development plan in the subdivision application process is at the option of the applicant and/or developer. If an outline development plan is prepared and submitted with the application for a subdivision, it shall include both maps and written statements as set forth below.

1.

The maps which are part of an outline development plan may be in schematic form, but shall be to scale and shall contain the following information:

a.

The existing topographic character of the land.

b.

Existing and proposed land uses, and the approximate location of buildings and other structures on the project site and adjoining lands, existing and proposed.

c.

The character and approximate density of the proposed development.

d.

Public uses including schools, parks, playgrounds and other public spaces or facilities proposed.

e.

Common open spaces and recreation facilities and a description of the proposed uses thereof.

f.

Landscaping, irrigation and drainage plans.

g.

Road, street and other transportation facility schematic plans and proposals.

2.

Written statements which shall be part of the outline development plan submittal shall contain the following information:

a.

A statement and description of all proposed on-site and off-site improvements.

b.

A general schedule of development and improvements.

c.

A statement setting forth proposed types of housing and other uses to be accommodated, and a projection of traffic generation and population.

d.

A statement relative to the impact on the carrying capacities of public facilities and services, including water and sewer systems, schools, serving utilities, streets and the like.

e.

A statement relative to compatibility with adjoining land uses, present and future, environmental protection and/or preservation measures and impacts on natural resource-carrying capacities of the site and surrounding/adjacent areas.

3.

Approval of an outline development plan for a subdivision shall constitute only a conceptual approval of the proposed development for general compliance with the city's urban area comprehensive plan, applicable zoning and this chapter.

4.

Review and action on an outline development plan shall follow the requirements for review of Type III land use action procedures, hearings and decisions in article 7 as may be applicable.

C.

Tentative plan required. Following or in conjunction with submittal and approval of an outline development plan and subdivision application, or as an initial subdivision application, any person proposing a subdivision shall submit a tentative plan together with the accompanying information and supplemental data, prepared and submitted in accordance with the provisions of this section and materials required for a Type III review as specified in article 7. (ORS 92.040). Note: Applicants should review the design standards set forth in article 5 prior to preparing a tentative plan for a development.

1.

Scale of tentative plan. The tentative plan of a proposed subdivision shall be drawn on a sheet 18 [inches] by 24 inches in size or multiples thereof at a scale of one inch equals 100 feet or multiples thereof as approved by the planning official. (ORS 92.080). In addition, at least one copy of the plan on a sheet of paper measuring 8½ inches by 11 inches or 11 inches by 17 inches shall be provided for public notice requirements.

2.

Information requirements. The following information shall be shown on the tentative plan or provided in accompanying materials. No tentative plan submittal shall be considered complete unless all such information is provided, unless approved otherwise by the planning official.

a.

General information required.

(1)

Proposed name of the subdivision.

(2)

Names, addresses and phone numbers of the owner of record and subdivider, authorized agents or representatives, and surveyor and any assumed business names filed or to be filed by the owner or subdivider in connection with the development.

(3)

Date of preparation, north point, scale and gross area of the development.

(4)

Identification of the drawing as a tentative plan for a subdivision.

(5)

Location and tract designation sufficient to define its location and boundaries, and a legal description of the tract boundaries in relation to existing plats and streets.

b.

Information concerning existing conditions.

(1)

Location, names and widths of existing improved and unimproved streets and roads within and adjacent to the proposed development.

(2)

Location of any existing features such as section lines, section corners, city and special district boundaries and survey monuments.

(3)

Location of existing structures, fences, irrigation canals and ditches, pipelines, waterways, railroads and natural features, such as rock outcroppings, marshes, wetlands, geological features and natural hazards.

(4)

Location and direction of water courses, and the location of areas subject to erosion, high water tables, and stormwater runoff and flooding.

(5)

Location, width and use or purpose of any existing easements or rights-of-way within and adjacent to the proposed development.

(6)

Existing and proposed sewer lines, water mains, culverts and underground or overhead utilities within and adjacent to the proposed development, together with pipe sizes, grades and locations.

(7)

Contour lines related to some established benchmark or other acceptable datum and having minimum intervals of not more than 20 feet.

c.

Information concerning proposed subdivision.

(1)

Location, names, width, typical improvements, cross-sections, approximate grades, curve radii and length of all proposed streets, and the relationship to all existing and projected streets.

(2)

Location, width and purpose of all proposed easements or rights-of-way, and the relationship to all existing easements or rights-of-way.

(3)

Location of at least one temporary benchmark within the proposed subdivision boundary.

(4)

Location, approximate area and dimensions of each lot and proposed lot and block numbers.

(5)

Location, approximate area and dimensions of any lot or area proposed for public, community or common use, including park or other recreation areas, and the use proposed and plans for improvements or development thereof.

(6)

Proposed use, location, area and dimensions of any lot which is intended for nonresidential use and the use designated thereof.

(7)

An outline of the area proposed for partial recording on a final plat if phased development and recording is contemplated or proposed.

(8)

Source, method and preliminary plans for domestic water supply, sewage disposal, solid waste collection and disposal and all utilities.

(9)

Stormwater and other drainage plans.

D.

Master development plan required. An overall master development plan shall be submitted for all developments planning to utilize phase or unit development. The plan shall include, but not be limited to, the following elements:

1.

Overall development plan, including phase or unit sequences and the planned development schedule thereof.

2.

Schedule of improvements initiation and completion.

3.

Sales program timetable projection.

4.

Development plans of any common elements or facilities.

5.

Financing plan for all improvements.

E.

Supplemental information required. The following supplemental information shall be submitted with the tentative plan for a subdivision:

1.

Proposed deed restrictions or protective covenants, if such are proposed to be utilized for the proposed development.

2.

Reasons and justifications for any variances or exceptions proposed or requested to the provisions of this subchapter [section], the applicable zoning regulations or any other applicable local, state or federal ordinance, rule or regulation.

F.

Tentative plan review procedures.

1.

Tentative plan review shall follow the Type III review procedures in article 7.

2.

The decision on a tentative plat shall be set forth in a written decision, and in the case of approval shall be noted on not less than two copies of the tentative plan, including references to any attached documents setting forth specific conditions.

G.

Tentative approval relative to final plan. Approval of the tentative plan shall not constitute final acceptance of the final plat of the proposed subdivision for recording. However, approval of the tentative plan shall be binding upon the city for preparation of the final plat and the city may require only such changes as are deemed necessary for compliance with the terms of its approval of the tentative plan.

H.

Resubmission of denied tentative plan. Resubmittal shall be considered a new filing, but shall require the applicant to consider all items for which the prior denial was based, in addition to the other filing requirements set forth by this chapter.

I.

Requirements for approval. An outline development plan or a tentative plan for a subdivision shall not be approved unless it is found, in addition to other requirements and standards set forth by this chapter and other applicable City of La Pine ordinances, standards and regulations, that the following requirements have been met:

1.

The proposed development is consistent with applicable density and development standards set forth of the applicable zone in article 3. All lots conform to the applicable lot standards of the zoning district, including density, lot area, dimensions, setbacks, and coverage.

2.

The proposal is in compliance with any applicable overlay zone regulations in article 4.

3.

The proposal is in compliance with the design and improvement standards and requirements set forth in article 5, or as otherwise approved by the city, or that such compliance can be assured by conditions of approval.

4.

The applicant has demonstrated that adequate public facilities are available or can be made available at the time of development, and, if necessary, that the developer has proposed adequate and equitable improvements and expansions to the facilities to bring the facilities and services up to an acceptable capacity level.

5.

The development provides for the preservation of significant scenic, archaeological, natural, historic and unique resources in accordance with applicable provisions of this Development Code and the comprehensive plan.

6.

The proposed name of the subdivision is not the same as, similar to or pronounced the same as the name of any other subdivision in the city or within a six-mile radius thereof, unless the land platted is contiguous to and platted as an extension of an existing subdivision. (ORS 92.090)

7.

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

8.

Streets and roads for public use are to be dedicated to the public without any reservation or restriction; and streets and roads for private use are approved by the city as a variance to public access requirements.

9.

Adequate mitigation measures are provided for any identified and measurable adverse impacts on or by neighboring properties or the uses thereof or on the natural environment.

10.

Provisions are made for access to abutting properties that will likely need such access in the future, including access for vehicular and pedestrian traffic, public facilities and services and utilities.

State Law reference— Approval of subdivision or partition application, ORS 92.040; requirements for plat preparation, ORS 92.080; approval of name of plat, ORS 92.090.

A.

Submission of final plat.

1.

Time requirement.

a.

Except as otherwise approved in accordance with the approval of a master plan for a subdivision planned for unit or phase development, the subdivider shall, within two years after the date of approval of the tentative plan for a subdivision, prepare and submit the final plat for a subdivision that is in conformance with the tentative plan as approved and with all conditions applicable thereto. The number of copies required shall be as specified on the application form.

b.

Final plats shall be subject to the Type I review procedure in article 7. If the subdivider fails to file the final plat before the expiration of the two-year period, the tentative plan approval shall be declared null and void and a new submittal required if the subdivider wishes to proceed with the development, unless an extension is granted by the city.

2.

Master development plan. In the case of a subdivision for which a master development plan has been approved, the tentative plans for each unit or phase thereof shall be submitted in accordance with the phasing schedule approved as a part of the master plan.

3.

Form of final plat. The final plat shall be prepared in conformance with the applicable standards of ORS 92 and the requirements of the Deschutes County Surveyor and Deschutes County Clerk. A reduced copy of the final plat shall also be provided on a sheet of paper measuring 8½ inches by 11 inches or 11 inches by 17 inches for public review requirements. The final plat data shall also be provided in an electronic format adaptive to the city's and county's computer mapping system.

B.

Requirements of survey and plat of subdivision.

1.

The survey for the plat of a subdivision shall be of such accuracy and with reference to such guidelines as required by ORS 92.

2.

The survey and plat shall be made by a registered professional land surveyor.

3.

The plat shall be of such scale that all survey and mathematical information, and all other details, may be clearly and legibly shown thereon.

4.

The locations and descriptions of all monuments shall be recorded upon all plats and the proper courses and distances of all boundary lines shown.

C.

Monumentation requirements. Monumentation of all subdivisions and plats therefor shall be in compliance with the provisions of ORS 92.060 and 92.065.

D.

Information required on final plat. In addition to that required by the tentative plan approval or otherwise required by law, the following information shall be shown on the final plat:

1.

All survey reference information.

2.

Tract and lot boundary lines, and street rights-of-way and centerlines, with dimensions, bearings or deflection angles. Tract boundaries and street bearings shall be to the nearest second; distances to the nearest 0.01 feet. No ditto marks are permitted.

3.

Width of streets being dedicated. Curve data based on centerlines for streets on curvature; the radius, central angle, arc length, chord length and chord bearing shall be shown.

4.

Easements denoted by fine dotted lines, clearly identified and, if already of record, their recorded reference.

5.

Lot numbers beginning with the number "1" and numbered consecutively and without omission, in sequential order with phasing if applicable.

6.

The initial point shall be marked with an aluminum pipe or galvanized iron pipe not less than two inches inside diameter, 30 inches long before flaring with a 2½ inch minimum diameter aluminum or galvanized cap as appropriately securely attached marked with steel ties with the following information for that subdivision: initial point, subdivision name, year and land surveyor registration number.

E.

Certificates required on final plat. The following certificates are required on the final plat:

1.

Certificate signed and acknowledged by all parties having record title interest in the land, consenting to the preparation and recording of the plat.

2.

Certificate signed and acknowledged as above dedicating all land intended for public use.

3.

Certificate with the seal of and signed by the land surveyor responsible for the survey and the final plat preparation.

4.

Certificate for the county surveyor.

5.

Certificate for the county tax collector.

6.

Certificate for the county assessor.

7.

Certificates for the city public works director and city planning official or other duly designated city representative.

8.

Other certificates required by state law or by the city.

9.

Certificate for approval or execution by the city council.

F.

Supplemental information with final plat. The following data, in addition to any other data required as a part of the tentative plan approval, shall be submitted with the final plat:

1.

A preliminary title report issued by a title insurance company in the name of the owner of the land, showing all parties whose consent is necessary, and evidence of a clear and marketable title.

2.

A copy of any deed restrictions or protective covenants applicable to the subdivision or planned unit development.

3.

A copy of any dedication requiring separate documents such as for parks, playgrounds and the like.

4.

A copy of any homeowner's association agreements proposed or required for the development.

5.

For any and all improvements such as streets, sewer, water, utilities and the like that are required or proposed as a part of the tentative plan approval, the following shall be required to be submitted with the final plat, and such shall be prepared by a licensed surveyor or engineer:

a.

Cross-sections of proposed streets, widths of roadways, types of surfacing, curb locations and specifications, width and location of sidewalks, other pedestrian ways and/or bikeways.

b.

Plans and profiles of proposed sanitary sewers, location of manholes and proposed drainage facilities.

c.

Plans and profiles of proposed water distribution systems showing pipe sizes, location of valves and fire hydrants as applicable.

d.

Specifications for the construction of all proposed utilities.

e.

Proof of guaranteed access to the primary serving public street or highway.

f.

Digital data of construction plans and as-built specifications for all improvements in a format approved by the city engineer, public works director or other duly designated city representatives, such being necessary for electronic record keeping.

G.

Technical review of final plat. Within five working days of receipt of the final plat submittal, the planning official shall initiate a technical review of the submittal as provided herein.

1.

Notification of the receipt of, and opportunity for review thereof, shall be given to the public works director, city engineer, utility companies and any other affected agencies.

2.

The parties shall complete the technical plat review and shall submit findings to the city planning official within ten days of the notice.

3.

Based on the reviews, should the planning official determine that full conformity has not been made, the subdivider shall be advised thereof of the needed changes or additions and shall be afforded a reasonable opportunity (not to exceed 30 days) to make the changes or additions.

4.

Other required procedures for processing a final plat are set forth in section 15.414.030.

H.

Review and approval of final plat. Within 30 days following the receipt of a complete application for the final plat of any land division reviewed by the city, the planning official shall review the final plat to verify that the plat is submitted in accordance with the tentative plan approval.

1.

If the city planning official does not approve the final plat, the subdivider shall be advised of the reasons therefor, and shall be provided an opportunity to make corrections.

2.

If the city planning official approves the final plat, approval shall be indicated by the signature of the planning official, on the plat.

I.

Final plat approval requirements. No final plat for a proposed subdivision shall be approved unless it is found to comply with the following minimum standards:

1.

The final plat is found to be in strict compliance with the tentative plan approval and all conditions set forth thereby.

2.

Streets and roads for public use are dedicated without any reservations or restrictions.

3.

Streets and roads held for private use are clearly indicated.

4.

The plat contains a donation to the public of all common improvements and public uses proposed or required as a condition of approval of the tentative plan.

5.

All proposed or required improvements have either been completed and approved by the city or that a development agreement establishing timeframes and any required bond, contract or other assurance therefor has been provided for and approved by the city planning official or other duly designated city representative.

J.

Recording of final plat. Approval of the final plat shall be null and void if the plat is not recorded within 45 days after the date of approval of the city planning official.

1.

After obtaining all required approvals and signatures, the subdivider shall file the plat and an exact copy thereof in the county clerk's office.

2.

No plat shall be recorded unless all ad valorem taxes and special assessments, fees or other charges required by law to be placed upon the tax rolls which have become a lien or which will become a lien during the calendar year on the subdivision have been paid.

3.

Copies of the recorded plat shall be provided to the city recorder, city planning official, and county surveyor at the developer's expense. The format and number of copies required shall be as specified on the application form. The county surveyor may request an additional number of copies required at time of final plat review if deemed appropriate.

A.

Authorization. When a planned unit development is authorized pursuant to the provisions of the applicable zoning or by other provisions of this chapter, the development may be approved by the city in accordance with the provisions of this section and this chapter. For the purposes of this chapter, a planned unit development is a development technique where the development of an area of land is developed as a single entity for a number and/or mixture of housing types, or a mixture of other types of uses, or a combination thereof, according to a specific development plan which does not necessarily correspond relative to lot sizes, bulk or types of dwelling units, density, lot coverages or required open space as required by the standard provisions set forth by this chapter and the specific applicable zoning designation. This may include common land under ownership and direction of an association, including private streets and associated amenities.

B.

Applicability of regulations. The requirements for a planned unit development set forth in this section are in addition to the requirements set forth for a standard subdivision by section 15.406.010, and in addition to those requirements set forth in article 5.

C.

Purpose. The purpose of the planned unit development provisions is to permit the application of innovative designs and to allow greater freedom in land development than may be possible under the strict application of the applicable zoning provisions and this chapter. In permitting such design and development freedom, the intent is to encourage more efficient uses of land and public facilities and services, to maximize community needs for a variety of housing, commercial and recreational needs and to maintain as high of a quality of living environment as reasonably possible.

D.

Principal and accessory uses.

1.

The principal uses permitted within a planned unit development may include any use permitted, outright or conditional in the zone in which the subject proposed development is located. Subsequent land use review and permitting requirements may be applicable.

2.

Except for open land uses such as golf courses, parks, natural areas or resources and the like, accessory uses shall not occupy more than 25 percent of the total area of the development, must be approved as a part of the initial development approval and may include the following uses (in addition to those use listed as permitted outright or conditionally for the zone in article 3):

a.

Golf course.

b.

Related commercial uses not to exceed three percent of the total land area of the development.

c.

Private park, lake or waterway.

d.

Tourist accommodations including convention or destination resort facilities.

e.

Recreation areas, buildings, clubhouse or other facilities of a similar use or type.

f.

Other uses which the city finds are designed to serve primarily the residents of the proposed development or are open to and of benefit to the general public, and are compatible to the overall design of the proposed development and with the city's comprehensive plan.

E.

Dimensional standards.

1.

The minimum lot area, width, depth, frontage and yard (setback) requirements otherwise applying to individual lots in the applicable zone may be altered for a planned unit development, provided that the overall density factor calculated for the applicable zone is not exceeded by more than 25 percent.

2.

Building heights exceeding those prescribed for by the applicable zone may only be approved if surrounding open space, building setbacks and other design features are used to avoid any adverse impacts due to the greater height. In general, and as a guideline, setback requirements should be required to be at least two-thirds of the height of a building.

3.

The building coverage for any PUD shall not exceed 40 percent of the total land area of the proposed development.

4.

Common open space and other such amenities, exclusive of streets, should constitute at least 25 percent of the total land area of the development.

5.

No PUD in a residential zone may be approved on a site with a total land area less than five acres, and in a commercial zone on a site less than two acres, except as approved otherwise by the city through the land use review process.

F.

Project density approval. If it is found that any of the following conditions would be created by an increase in density permitted by this section for a PUD, it may either prohibit any increase or may limit the increase as deemed necessary to avoid the creation of any of the following conditions:

1.

Inconvenient or unsafe access to the proposed development or adjoining developments or properties.

2.

Generation of traffic loads in excess of the capacity of streets which adjoin or will serve the proposed development and in the overall street system in the area of the development.

3.

Creation of an excessive burden on sewage, water supply, parks, recreational facilities, areas or programs, schools and other public facilities which serve or are proposed to serve the proposed development.

G.

Common open space. No open area may be accepted as common open space within a PUD unless it meets the following requirements:

1.

The common open space is for an identified and designated amenity or recreational purpose(s), and the uses proposed or authorized therefor are appropriate to the scale and character of the proposed development.

2.

The common open space will be suitably improved for its intended use, except that the open space containing significant natural features worthy of preservation in the natural state may be left unimproved, but there shall be approved plans and/or provisions for the continued preservation thereof.

3.

The buildings, structures and improvements to be permitted in the open space are determined to be appropriate and accessory to the uses which are authorized for the open space.

4.

No common open space may be put to a use not authorized and approved in the final development plan of the subject development unless an amendment thereto is duly approved by the city.

H.

Application and procedures. The application for a PUD, and the procedures for the processing of the applications, shall be the same as set forth for a standard subdivision in section 15.406.010 and for a conditional use as set forth in article 8.

A.

Review of a subdivision or planned unit development shall follow the Type III review procedures set forth in in article 7.

B.

Public hearing and notice required. Neither an outline development plan or a tentative plan for a proposed subdivision or PUD may be approved unless the city first advertises and holds a public hearing thereon according to applicable requirement in article 7.

A.

Applicability of regulations. All land partitions (as defined in article 2) within the city, except as set forth in division [subsection] B of this section, must be approved by the city as provided for in this section. Minor partitions are reviewed in accordance with the Type II procedures in article 7 and major partitions are reviewed in accordance with the Type III procedures in article 7.

B.

Exemptions. In addition to those exclusions set forth in the definition of "partition" in article 2, the following land divisions shall be exempt from the land partitioning requirements set forth by this section and this chapter:

1.

The partitioning of a tract of land in which not more than one parcel is created and the parcel is being transferred to a public or semi-public agency for the purpose of a public road, street, canal or utility right-of-way, or for public park, school, recreation facility, trail, bikeway, natural area or other similar public purpose.

2.

The transfer of one area of land between two adjoining ownerships where an additional parcel is not created and where no new or additional dwellings or other structures are involved, and where the existing ownership reduced in size by the transfer is not reduced below the minimum lot size of the applicable zone. A boundary line adjustment is still required, however, and the requirements are set forth in chapter 15.414.

A.

Filing procedures and requirements. Any person proposing a land partition, or the authorized agent or representative thereof, shall prepare and submit copies of the tentative plan for the proposed partition, together with the materials required for a Type II review for a minor partition or Type III review for a major partition as specified in article 7, to the planning official.

B.

Proposed partitioning shall be drawn. The scale and format of the plans and the number of copies required shall be as specified on the application form.

C.

Requirements for the plan. The plan shall include the following:

1.

A vicinity map locating the proposed partitioning in relation to adjacent subdivisions, roadways, properties and land use patterns.

2.

A plan of the proposed partitioning showing tract boundaries and dimensions, the area of each tract or parcel and the names, right-of-way widths and improvement standards of existing roads.

3.

Names and addresses of the land owner, the partitioner, the mortgagee if applicable, and the land surveyor employed (or to be employed) to make necessary surveys and prepare the final partitioning map.

4.

A statement regarding provisions for water supply, sewage disposal, solid waste disposal, fire protection, access, utilities and the like.

5.

North point, scale and date of map and the property identification by tax lot, map number, section, township and range, subdivision lot and block or other legal description.

6.

Statement regarding past, present and proposed use of the parcel(s) to be created, or the use for which the parcel(s) is to be created.

A.

Minor partition. Review of a minor partition shall follow the Type II review procedures in article 7.

B.

Major partition. Review of a major partition shall follow the Type III review procedures in article 7.

C.

Series partition. Any division of land resulting in a series partition shall be subject to review and approval by the planning commission. Applications for any series partition shall be made and processed in the same manner as a major partitioning. Approval requirements shall be the same as for any partition. However, the planning commission shall deny any such series partition when it is determined that the partitions are done for the purpose of circumventing applicable subdivision regulations.

D.

Final partition map procedures. In addition to the procedures required for city approval of a final map for a partitioning, other required processing procedures are set forth in chapters 15.414 and 15.418.

E.

Requirements for approval. No partitioning shall be approved unless the following requirements are met:

1.

The proposal is in compliance with the applicable zoning regulations. All lots conform to the applicable lot standards of the zoning district, including density, lot area, dimensions, setbacks, and coverage.

2.

Each parcel is suited for the use intended or to be offered, including, but not limited to, sewage disposal, water supply, guaranteed access and utilities.

3.

All public services deemed necessary are reasonably available or are proposed to be provided by the partitioner.

4.

Proposal will not have identifiable adverse impacts on adjoining or area land uses, public services and facilities, resource carrying capacities or on any significant resources.

F.

Survey and improvement requirements. In the approval of any land partitioning, the need for a survey, and the need for street and other public facility improvements shall be considered and such may be required as a condition of approval. Any survey and/or improvement requirements that may be required for a subdivision or other land development may be required for a partitioning, including bonding or other assurance of compliance.

Within two years of the approval of a partition, the partitioner shall have prepared and submitted to the city planning official a final partition map prepared by a licensed surveyor and any other materials or documents required by the approval.

A.

The final map shall provide a certificate for approval of the subject partition by the planning official. The final map shall also contain a certificate for execution by the county tax collector and a certificate for execution by the county assessor. The final map shall first be submitted to and approved by the county surveyor prior to obtaining the required signatures.

B.

Upon approval, the petitioner shall file the original map with the county clerk, the true and exact copy with the county surveyor and copies of the recorded plat and a computer file of the plat with the city recorder, city planning official, or county surveyor. The county surveyor may request an additional number of copies required at the time of final plat review if deemed appropriate.

C.

A final partition map prepared for this purpose shall comply with the recording requirements applicable to a final plat for a subdivision.

A.

Submission requirements. All applications for a property line adjustment shall be made on forms provided by the city and shall include information required for a Type I review, pursuant to article 7. The application shall include a preliminary lot line map drawn to scale identifying all existing and proposed lot lines and dimensions, footprints and dimensions of existing structures (including accessory structures), location and dimensions of driveways and public and private streets within or abutting the subject lots, location of lands subject to the flood plain overlay or other overlay zones, existing fences and walls, and any other information deemed necessary by the planning official for ensuring compliance with city codes. The application shall be signed by all of the owners as appearing on the deeds of the subject lots.

B.

Approval criteria. The planning official shall approve or deny a request for a property line adjustment in writing, based on all of the following criteria:

1.

Parcel creation. No additional parcel or lot is created by the property line adjustment;

2.

Lot standards. All lots and parcels conform to the applicable lot standards of the zoning district (article 3), including lot area, dimensions, setbacks, and coverage. As applicable, all lots and parcels shall conform the flood plain overlay or other applicable overlay zones (article 4); and

3.

Access and road authority standards. All lots and parcels conform to the standards or requirements of article 5 (chapter 15.88), access and circulation, and all applicable road authority requirements are met. If a lot is non-conforming to any city or road authority standard, it shall not be made less conforming by the property line adjustment.

(Ord. No. 2024-02, § 12(exh. K), 12-11-2024)

A.

The final map for a property line adjustment survey shall comply with the requirements of ORS 92 and 209. The original plat shall be prepared at a scale and in a format as specified on the application form.

B.

The original plat and an exact copy shall be submitted to and approved by the planning official. The approval shall be evidenced by signature on both the original and exact copy.

C.

The original plat and exact copy shall be submitted a long with the appropriate recording fee to the county surveyor for recording into the county survey records.

D.

The original plat and exact copy shall then be submitted along with the appropriate recording fee to the county clerk for recording into the county clerk's records.

E.

After recording information is placed on the exact copy by the county clerk, the exact copy and the required number of points, a minimum of six copies, unless otherwise specified by the county surveyor at the time of survey recording, shall then be submitted to the county surveyor to complete the recording process.

F.

After recording information is placed on the exact copy, a copy shall then be submitted to the planning official, together with an electronic copy in a format approved by the City of La Pine.

(Ord. No. 2024-02, § 12(exh. K), 12-11-2024)

State Law reference— Final approval of plats and plans, ORS 92.010 et seq.; county surveyors, ORS 209.005 et seq.

A.

The same procedure and standards that apply to the creation of a plat (tentative plan followed by final plat) apply to a replat pursuant to chapter 15.410.

(Ord. No. 2024-02, § 13(exh. K), 12-11-2024)

A.

Limitations on replatting include, but are not limited to, the following:

1.

A replat only applies to a recorded plat;

2.

A replat cannot vacate any public street or road; and

3.

A replat of a portion of a recorded plat will not act to vacate any recorded covenants or restrictions.

B.

If the property to be replatted is determined to be part of an undeveloped subdivision pursuant to ORS 92.225. The noticing and hearing procedures of ORS 92.225 shall apply.

C.

A replat application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets, or alleys: or if it fails to meet any applicable City standards.

D.

If a utility easement is proposed to be realigned, reduced in width or omitted by a replat, all affected utility companies and public agencies shall be notified.

E.

An application for a replat that will change the exterior boundary of a recorded plat of a subdivision shall include authorization agreeing to the reconfiguration from the homeowners association or governing body of the subdivision, if any.

F.

Any application for vacation pursuant to ORS 368 must be submitted to and reviewed by Deschutes County.

(Ord. No. 2024-02, § 13(exh. K), 12-11-2024)

A.

Submit one reproducible paper, vellum or Mylar map copy to the county surveyor.

B.

Submit closure sheets for the surveyor's certificate and a closure sheet for each lot or parcel created, and a closure sheet for dedicated areas such as roadways or public facility lots.

C.

Submit the required county surveyor review fee as appropriate for the subdivision or partition.

D.

Submit a title report for the subdivision.

E.

Submit a post-monumentation certificate stating the intent and completion date and a bonding estimate for all subdivision plats proposed for post-monumentation. The bonding estimate is to be 120 percent of the estimated actual costs, office and field.

F.

After preliminary initial review of the plat, resubmit the final plat prepared on double matte four mil minimum thickness Mylar, with corrections made, to the county surveyor for final approval and signature.

G.

Remaining approval signatures shall then be executed and the final maps and an exact copy thereof submitted to the county surveyor for recording into the survey records prior to submittal to the county clerk for recording. The exact copy shall comply with the requirements of ORS 92 and other applicable statutes and be submitted on four mil thickness Mylar.

H.

The county surveyor recording fee shall be submitted with the final plat along with any required post-monumentation bond or letter executed by the city attorney that the bonding requirements are met.

I.

The plat shall then be submitted to the county clerk along with the required recording fee. After recording information is placed on the exact copy by the county clerk, the exact copy and the required number of prints showing the recording information shall be submitted to the county surveyor to complete the process. The number of prints required shall be 12 for a subdivision plat and six prints for a partition unless a greater number is requested by the county surveyor at initial review.

J.

Copies of the exact copy of the final plat showing the recording information shall also be submitted to the city planning official, together with an electronic copy in a format approved by the city. The scale and format of the plans and the number of copies required shall be as specified on the application form.