Madras City Zoning Code

18.60 Land

Divisions, Replats, and Property Line Adjustments

Prior legislation: Ord. 713.

The City Council, pursuant to ORS 92.044(2), hereby delegates to the Planning Commission the power to take final action on a proposed subdivision and any major replat involving fifty (50) or more lots pursuant to the Type III procedures and to the Community Development Director the power to take final action on any subdivision, partition, major replat, minor replat, or property line adjustment involving fewer than fifty (50) lots pursuant to the Type II procedures.

18.60.010 Purpose.

In accordance with the provisions of ORS Chapters 92, 197, and 227, this chapter sets forth the minimum standards governing the approval of subdivisions, partitions, replats, and property line adjustments as necessary to carry out the City of Madras Comprehensive Plan and to promote the public health, safety, and general welfare while allowing for cost saving efficiencies. The purpose of these provisions and regulations is to:

(1) Encourage well planned subdivision and partition development to promote the creation of livable neighborhoods with all needed amenities and community facilities.

(2) Encourage development in harmony with the natural environment and within resource carrying capacities.

(3) Safeguard the interests of the public, the applicant, and the future lot owner.

(4) Improve land records and boundary monumentation.

(5) Ensure equitable processing of land division applications and accomplish, to the greatest extent possible, the goals and objectives of the Comprehensive Plan.

(6) Provide for orderly and efficient urban development and coordinate development with public facilities and service plans and capabilities.

(7) To regulate the orientation of streets, lots, and parcels to ensure access to solar energy by reasonably regulating interests in property within the City, as authorized under ORS 227.090 through 227.190 and ORS 105.880 through 105.895, to promote and maximize the conservation of energy by preserving the option to utilize solar energy and to implement the Comprehensive Plan policies relating to solar energy. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.1, 2019.]

18.60.020 Applicability.

Units of land shall only be created or reconfigured in conformance with the standards of this chapter and ORS Chapter 92. No person may subdivide, partition, or reconfigure land within the City of Madras except in accordance with ORS Chapter 92 and the provisions of this Development Code. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.2, 2019.]

18.60.030 Delegation.

18.60.040 Subdivision Committee.

(1) There is hereby established a Subdivision Committee which shall consist of:

(a) Community Development Director;

(b) Public Works Director;

(d) Fire Marshal;

(e) Any other appropriate public agency representative invited by the Community Development Director.

(2) The Community Development Director shall serve as chairperson of the Subdivision Committee.

(3) The Subdivision Committee shall be charged with reviewing subdivision and major replat applications for conformance with all applicable regulations and to make recommendations to the Planning Commission. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.4, 2019.]

18.60.050 Pre-application meeting.

Prior to submitting a tentative plan for a land division, each applicant or their representative is encouraged to meet with the Community Development Director or a designated staff member to review the proposal. The intent of this meeting is to advise the applicant of the requirements and standards of this Development Code. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.5, 2019.]

18.60.060 Application submission.

Any person, or his authorized agent or representative, proposing a subdivision, partition, or replat shall file an application and the filing fee for the applicable approval, along with a tentative plan, improvement plans, and other supplementary materials as may be required by this chapter or requested by the Subdivision Committee. If any concurrent approvals are sought, the applications for the concurrent approvals will collectively be processed using the highest level procedures for any particular application (i.e., Type II decisions sought concurrently with Type III decisions will be processed as Type III decisions) and shall also include all required information and materials for the applicable concurrent approval. The applicant must either provide electronic copies or submit four paper copies of all application materials to the Community Development Director. [Ord. 968 § 2.6 (Exh. F), 2022; Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.6, 2019.]

18.60.070 General approval process for land divisions.

Land divisions generally follow a two-step approval process. First, a tentative plan is submitted for approval. After receiving tentative plan approval, and after satisfying any conditions of approval from the tentative plan approval, the applicant then files for final plat approval. After receiving final plat approval and satisfying any additional conditions of approval and any requirements of the County, the applicant can then record the plat to perfect the land division. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.7, 2019.]

18.60.080 Informational requirements for tentative plans.

Unless waived by the Community Development Director, the following information shall be shown on a tentative plan or provided in accompanying materials. No tentative plan shall be considered complete unless all such information is provided:

(a) The proposed name of the subdivision, if applicable.

(b) Names, addresses, and phone numbers of the owner of record, authorized agents or representatives, engineer or surveyor, and any assumed business names filed or to be filed with the Secretary of State by the applicant.

(d) Appropriate identification of the drawing as a tentative plan for a subdivision, partition, or replat.

(e) 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.

(f) Certified copy of the recorded instrument under which the applicant claims an ownership interest, or copy of a land sales contract that binds the applicant in the event of tentative plan approval.

(a) Location, names, and widths of existing improved and unimproved streets and roads within and adjacent to the subject property.

(b) Location of any existing features such as section lines, section corners, City and special district boundary lines, and survey monuments.

(c) Location of existing structures, irrigation canals and ditches, pipelines, waterways, railroads, any natural features such as rock outcroppings, and natural hazards.

(d) Location and direction of watercourses, and the location of areas subject to flooding.

(e) Location, width, and use or purpose of any existing easement or right-of-way within and adjacent to the subject property.

(f) Existing sewer lines, water mains, culverts, and other underground and overhead utilities within and adjacent to the subject property together with pipe sizes, grades, and locations.

(g) Contour lines related to some established benchmark or other engineering acceptable datum and having minimum intervals of two feet for slopes of less than five percent (5%), five feet for slopes of five percent (5%) to fifteen percent (15%), 10 feet for slopes of fifteen percent (15%) to twenty percent (20%), and 20 feet for slopes greater than twenty percent (20%).

(h) Zoning classification of land within and adjacent to the subject property.

(i) Names and addresses of all adjoining property owners for a distance of 250 feet.

(a) Location, names, width, typical improvements, cross-sections, bridges, culverts, approximate grades, curve radii and centerline lengths and reserve strips of all proposed streets, and the relationship to all existing and projected streets.

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

(d) Location, approximate area, and dimensions of each lot/parcel, and proposed lot/parcel and block numbers.

(e) Location, approximate area, and dimensions of any lot/parcel or area proposed for public use, the use proposed, and plans for improvements or development thereof.

(f) Proposed use, location, approximate area, and dimensions of any lot/parcel intended for nonresidential use.

(g) An outline of the area proposed for partial recording, if contemplated or proposed.

(h) Source, method, and preliminary plans for domestic water supplies, sewer lines, and all utilities.

(i) Description and location of any proposed community facility.

(j) Stormwater and other drainage facility plans.

(k) Proposed deed restrictions, including access restrictions or protective covenants if such are proposed to be utilized for the proposed development.

(l) Statement from each utility company proposed to serve the resulting lots/parcels stating that each company is able and willing to serve the proposed development as set forth in the tentative plan, and the conditions thereof.

(m) Proposed fire protection system for the proposed development and written approval thereof by the appropriate serving fire protection agency.

(n) If grading is proposed, a separate grading and drainage plan prepared by an engineer must be submitted that must show as-developed contour lines related to some established benchmark or other engineering acceptable datum and having minimum intervals of two feet for slopes of less than five percent (5%), five feet for slopes of five to fifteen percent (5% to 15%), 10 feet for slopes of fifteen to twenty percent (15% to 20%), and 20 feet for slopes greater than twenty percent (20%).

(o) An addressing plan for the development depicting proposed addresses and driveway locations for each proposed lot or parcel consistent with the requirements of Jefferson County Code Chapter 12.03.

(4) Scale. All tentative plans shall be drawn on a sheet at a scale not greater than one inch per 400 feet. [Ord. 968 § 2.6 (Exh. F), 2022; Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.8, 2019.]

18.60.090 Block standards.

To promote efficient multi-modal circulation along parallel and connecting streets throughout the City, developments shall produce complete blocks bounded by a connecting network of streets, in accordance with the following standards:

(1) New development shall construct and extend planned streets (arterials, collectors and locals) in their proper projection to create continuous through streets and provide the desirable pattern of orderly developed streets and blocks. Streets shall be developed within a framework that is established in the Transportation System Plan and any applicable special area plan, refinement plan, master plan or other adopted or approved development plan. Where such plans do not provide specific block length and perimeter standards, the requirements listed below shall apply:

(2) Block lengths and perimeters shall not exceed the following standards as measured from centerline to centerline of through intersecting streets:

(a) Six hundred sixty foot block length and 2,000-foot block perimeter in all residential zones;

(b) Four hundred foot block length and 1,500-foot block perimeter in the C-2 Zone;

(c) Six hundred sixty foot block length and 2,640-foot block perimeter for all other commercial, industrial and mixed-use zones;

(d) An exception may be granted to the maximum block length and/or block perimeter by the decision maker if the applicant can demonstrate that the block length and/or block perimeter cannot be satisfied due to topography, natural features, existing development or other barriers, or it is unreasonable to meet such standards based on the existing pattern of development, or other relevant factors. When an exception is granted, the decision maker may require the land division or property reconfiguration to provide blocks divided by one or more access corridors. Access corridors shall be located to minimize out-of-direction travel by pedestrians and bicyclists and shall meet all applicable accessibility standards. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.9, 2019.]

18.60.100 Lot standards.

The size, width, and orientation of lots/parcels shall be appropriate for the location of the land division and for the type of development and use contemplated, and shall be consistent with the lot size provisions of the governing zoning district, subject to the following:

(1) Steep Slopes. More than fifty percent (50%) of a lot or parcel must be comprised of slopes of less than twenty-five percent (25%).

(2) Frontage. Each lot shall satisfy applicable frontage requirements established by MDC 18.20.040.

(3) All side lot lines shall be at right angles to street lines or radial to curved streets. The decision maker may grant an exception where topography, watercourses, existing streets, infrastructure, and other development preclude such lot lines.

(4) Through Lots. Lots that span an entire block should be avoided except where they are essential to provide separation of residential development from major streets or adjacent nonresidential activities, or to overcome specific disadvantages of topography and orientation. The decision maker may require landscaping buffers or access restrictions as a condition of approval for any through lot.

(5) Solar Access. The lines of lots and parcels must be oriented such that the long axis is in the east-west direction. The decision maker may grant a waiver, where topography, natural features, existing development or other barriers inhibit required orientation. [Ord. 983 § 2.2 (Exh. B), 2024; Ord. 968 § 2.6 (Exh. F), 2022; Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.10, 2019.]

18.60.110 Zero-lot line subdivision.

In addition to the general provisions for land divisions set forth in this chapter, any application for a zero-lot line subdivision shall meet the following requirements:

(1) The tentative plan shall indicate all lot divisions, including those along the common wall of dwelling units.

(2) Independent utility service shall be provided to each unit including, but not limited to, water, electricity, and natural gas, unless common utilities are approved by the affected utility agency and are adequately covered by easements.

(3) Prior to the granting of final approval for creation of a zero-lot line subdivision, the Community Development Director shall require the applicant to enter into a written agreement, in a form approved by the City Attorney, that establishes the rights, responsibilities and liabilities of the parties with respect to maintenance and use of any common areas of the subdivision such as, but not limited to, common walls, roofing, water pipes, and electrical wiring. Such agreement shall be in a form suitable for recording, and shall be binding upon the heirs, executors, administrators, and assigns of the parties.

(4) Each zero-lot line subdivision proposal shall receive approval by the Subdivision Committee prior to submission of the final plat. Site plan approval shall be granted only upon a finding that the design, materials, and colors proposed for each dwelling are harmonious and do not detract from the general appearance of the neighborhood. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.11, 2019.]

18.60.120 Approval process for tentative plan for subdivision or major replat.

(1) The Subdivision Committee shall make its recommendation concerning the tentative plan for a subdivision or major replat to the applicant and Planning Commission prior to the public hearing before the Planning Commission.

(2) The Planning Commission shall review the tentative plan and all reports and recommendations of appropriate officials and agencies.

(3) The Planning Commission may approve, approve with conditions, or deny the tentative plan for the proposed development and shall set forth findings for such decision.

(4) Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed subdivision or major replat for recording; however, approval of such tentative plan shall be binding upon the City for purposes of the preparation of the plat and the City may require only such changes in the plat as are necessary for compliance with the terms of its approval of the tentative plan for the proposed subdivision or major replat and the terms of this chapter. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.12, 2019.]

18.60.130 Approval process for tentative plan for partition or minor replat.

(1) The Community Development Director shall process the application under a Type II process and shall review all reports and recommendations of appropriate officials and agencies.

(2) The Community Development Director may approve, modify, or deny the tentative plan for the proposed development and shall set forth findings for such decision.

(3) Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed partition or minor replat for recording; however, approval of such tentative plan shall be binding upon the City for purposes of the preparation of the plat and the City may require only such changes in the plat as are necessary for compliance with the terms of its approval of the tentative plan for the proposed partition or minor replat and the terms of this chapter. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.13, 2019.]

18.60.140 Approval criteria for a tentative plan.

The Planning Commission shall not approve a tentative plan for a proposed subdivision or major replat, and the Community Development Director shall not approve a tentative plan for a proposed partition or minor replat, unless the applicable review body finds that the proposal satisfies the requirements of the Development Code, the design and construction standards and the following:

(1) For development other than needed housing, the proposed development contributes to orderly development and land use patterns in the area and provides for the preservation of natural features and resources of the area.

(2) All required public facilities have adequate capacity, as determined by the City, to serve the proposed land division including, without limitation, the transportation, sewer, stormwater, and water systems.

(3) The tentative plan for the proposed development meets the applicable requirements of ORS 92.090.

(4) The tentative plan meets the applicable provisions of this chapter.

(5) The tentative plan satisfies the Public Improvement Standards. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.14, 2019.]

18.60.150 Submission of final plat.

(1) Filing Time Period Requirements. The applicant shall prepare and submit to the Community Development Department a final plat that is in conformance with the approved tentative plan. Within three years after the approval date for the tentative plan, the applicant shall submit the final plat, filing fee, and any supplementary information required by this Development Code and the decision maker. If the applicant fails to proceed with the submission of the final plat before the expiration of the three-year period following the approval of the tentative plan, the tentative plan approval shall be void. The applicant may, however, submit a new tentative plan together with the appropriate filing fee.

(a) If the applicant is unable to comply with the filing time requirements of the Development Code, the applicant may submit a written letter to the Community Development Director requesting an extension of the final plat deadline. The letter shall be filed no earlier than sixty (60) days and no later than ten (10) days prior to the date the three-year period expires. It shall also be accompanied by the appropriate fee.

(b) If there is good cause, the Community Development Director may grant an extension up to six months from the date of expiration. Good cause shall require a showing by the applicant that the delay is unavoidable and was not the result of the applicant’s own negligence. The applicant must also show they have made significant progress on each condition of the tentative plan.

(c) Any extension granted by the Community Development Director may be conditioned by a requirement that the applicant provide appropriate guarantees that the requirements of the Development Code will be met.

(d) The applicant may appeal a decision of the Community Development Director to the Planning Commission pursuant to MDC 18.80.240. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.15, 2019.]

18.60.160 Submission of final plats for phased development.

(1) If a tentative plan is approved for phased development, the final plat for the first phase shall be filed within one year of the approval date for the tentative plan.

(2) The final plats for any subsequent phase shall be filed within three years of the approved date for the tentative plan.

(3) The applicant may request an extension for any final plat under this section in the manner provided for in MDC 18.80.280.

(4) If the applicant fails to file a final plat within the specified time period, the tentative plan approval for those phases shall become null and void. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.16, 2019.]

18.60.170 Form of final plat.

(1) The final plat shall be submitted in the form prescribed by state statute and this Development Code.

(2) All plats and other writings or dedications made a part of such plats offered for recording, shall be made in black India ink, upon material that is 18 inches by 24 inches, suitable for binding and copying, having such characteristics of strength and permanency as may be required by the City. The plat shall be of such a scale, and the indication of the approvals thereof and of the dedication and affidavit of the surveyor shall be of such size or type as will be clearly legible, but no part shall come nearer any edge of the sheet than one inch. The plat may contain as many sheets as necessary, but a fact sheet and an index page shall be included for plats of two or more sheets. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.17, 2019.]

18.60.180 Information on final plat.

(1) General Requirements. In addition to that required for the tentative plan or otherwise specified by law, the following information shall be shown on the final plat:

(a) The name of the subdivision, partition, or replat.

(b) The name of the owner, applicant, and engineer or surveyor.

(c) The date, scale, north point, legend, controlling topography such as bluffs, creeks and other bodies of water, and existing highways and railroads.

(d) A legal description of the tract boundaries.

(e) 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) Stakes, monuments, or other evidences found on the ground and used to determine the boundaries of the development.

(ii) Adjoining corners of adjoining developments.

(iii) Other monuments found or established in making the survey or required to be installed by provisions of this Development Code.

(f) The exact location and width of streets and easements intercepting the boundary of the tract.

(g) Tract, block, and lot boundary lines and street rights-of-way and centerlines, with dimensions, bearing or deflecting angles, radii, arcs, points of curvature, and tangent bearings. Normal high-water lines for any creek, bay, or other body of water. Tract boundaries and street bearings shall be shown to the nearest thirty (30) seconds with the basis of bearings. Distances shall be shown to the nearest 0.01 feet. No ditto marks shall be used.

(2) Streets. The width of the streets being dedicated and the curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated together with the long chord distance and bearing.

(3) Easements. Easements shall be noted by fine dotted lines, clearly identified and, if already of record, their recorded reference. If an easement is not on record, a statement of the easement shall be given. The width of the easement, its length and bearings, and sufficient ties to locate the easement with respect to the development shall be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner’s certificates of dedication.

(4) Lot Numbers. Lot numbers beginning with the number “1” and numbered consecutively in each block.

(5) Block Numbers. For subdivisions and major replats, block numbers beginning with the number “1” and continuing consecutively without omission or duplication throughout the development. The numbers shall be placed so as not to obliterate any figures. Block numbers in an addition to a subdivision of the same name shall be a continuation of the numbering in the original subdivision.

(6) Public Lands. Public lands, including strips and easements, shall be clearly marked to distinguish them from lots intended for sale.

(7) Access Restrictions. Limitations on rights of access to and from streets, lots/parcels, and other parcels of land shall be clearly indicated.

(8) Area. The area of each lot/parcel, if larger than one acre, to the nearest hundredth (1/100 or 0.01) of an acre; and the area of each lot/parcel less than one acre, to the nearest square foot.

(9) Certificates and Signatures. The following certificates and signatures are required and shall be combined where appropriate:

(a) A certificate signed and acknowledged by all parties having any record title interest in the land consenting to the preparation and recording of the final plat.

(b) A certificate signed and acknowledged as above, dedicating all land intended for public use, except land intended for the exclusive use of the lot owners in the development, their licensees, visitors, tenants, and servants.

(d) A certificate for execution by the County Surveyor. Any plat prepared by the County Surveyor in his private capacity shall be approved by the county surveyor of another county in accordance with ORS 92.100(2) and (3).

(e) A certificate for execution by the County Assessor.

(f) A certificate for execution by the County Tax Collector.

(g) A certificate for execution by the irrigation district, where applicable. All plans, plats, or replats of subdivisions or partitions located within the boundaries of an irrigation district, drainage district, water control district, district improvement company, or similar service district shall be submitted to the board of directors of the district or company and its approval thereof shall be indicated thereon by the board before City approval of such plan, plat, or replat of any subdivision or partition. Except that if the applicant is unable to obtain action or approval of any district or company within forty-five (45) days, the applicant shall notify the manager or administrator in writing and thereafter the City shall serve notice on that district or company that any objections to the plan, plat, or replat must be filed in writing with the City within twenty (20) days. Failure of the district or company to respond shall be considered an approval of such plan, plat, or replat.

(h) The signature of the Public Works Director.

(i) The signature of the Community Development Director.

(j) A signature of approval by the City Council.

(k) Other certificates required by state regulations. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.18, 2019.]

18.60.190 Requirements of survey and monumentation.

Any final plat submitted shall meet the survey and monumentation requirements of ORS Chapter 92. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.19, 2019.]

18.60.200 Supplemental information with final plat.

The following data, if applicable, shall accompany the final plat:

(1) Title Report. A preliminary title report or subdivision guarantee report issued by a title insurance company in the name of the owner of the land, showing all parties whose consent is necessary and their interest in the premises; such report shall show evidence of a clear and marketable title.

(2) Survey Data Sheets. Sheets and drawings shall contain the following information:

(a) Traverse data including the coordinates of the boundary of the development and ties to section corners and donation land claim corners, and showing the error of closure, if any. A survey control work sheet may be substituted for this item.

(b) The computation of distances, angles, and courses shown on the plat.

(3) Deed Restrictions. A copy of any deed restrictions applicable to the development.

(4) Homeowner’s Association. If applicable, a copy of any homeowner’s association agreement proposed or required for the development.

(5) Dedications. A copy of any dedication requiring separate documents with specific reference to parks, playgrounds, etc.

(6) Taxes. A list of all taxes and assessments on the tract which have become a lien on the land subdivided.

(7) Improvements. If grading, street improvements, sewer or water facilities are required as a condition of approval of the final plat, the following shall be required to be submitted with final plat:

(a) An improvement plan in accordance with MDC 18.20.100(3).

(b) Plans and profiles of sanitary sewers, location of manholes, and drainage system.

(d) Specifications for the construction of all utilities.

(e) Grading plans and specifications as required for areas other than streets and ways.

(f) Planting plans and specifications for street trees and other plantings in public areas.

(g) Plans for improvements, design factors, or other provisions for fire protection or fire hazard reduction. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.20, 2019.]

18.60.210 Technical review of final plat.

(1) Compliance Check. Upon receipt by the Community Development Department, the final plat and other data shall be reviewed by the Subdivision Committee or Community Development Director, as applicable, to determine that the development, as shown, is substantially the same as it appeared on the approved tentative plan, and for compliance with provisions of this Development Code and other applicable laws.

(2) Field Check. The Public Works Director, the Community Development Director, and the County Surveyor, may make such checks in the field as are desirable to verify that the plat is sufficiently correct. The applicant shall grant permission to the Public Works Director, Community Development Director, or County Surveyor to enter the property for this purpose. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.21, 2019.]

18.60.220 Conditions of final plat approval.

(1) The Subdivision Committee or Community Development Director, as applicable, shall determine whether the final plat conforms with the approved tentative plan and these regulations. If the applicable review body does not approve the final plat, it shall advise the applicant of the changes or additions that must be made and shall afford them an opportunity to make corrections. If the applicable review body determines that the plat conforms to all requirements, it shall recommend approval, provided supplemental documents and provisions for required improvements are satisfactory. Approval of the final plat does not constitute or effect an acceptance by the public of the dedication of any street or other easement shown on the plat, nor does such approval bind any other jurisdiction with review authority over the plat.

(2) No final plat shall be approved unless:

(a) Streets and roads for public use are to be dedicated without any reservation or restriction.

(b) Streets and roads held for private use as indicated on the tentative plan for such development have been approved by the City Public Works Director.

(c) The plat or map contains provisions for dedication to the public of all public improvements, including, but not limited to, streets, roads, parks, and sewage disposal and water supply systems, if made a condition of the approval of the tentative plan.

(d) Explanations of all public improvements required as conditions of approval of the tentative plan shall be recorded and referenced on the final plat or map.

(3) No plat shall be approved unless the developer has either constructed, and had accepted by the City Public Works Director, the required public improvements, or the developer has executed an improvement agreement acceptable to the City. If the developer chooses to construct the improvements, the developer shall all also file with the City a warranty bond executed by a surety company to cover the one-year warranty period following acceptance by the City. Said bond shall be in the amount of ten percent (10%) of the value of the improvements as determined by the Public Works Director. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.22, 2019.]

18.60.230 Final signatures.

After the final plat has been checked and approved as provided in this chapter, and all signatures have been obtained, except for those of the Community Development Director and any signatures required from County officials, the Community Development Director shall certify the final plat and submit it to the County for final signatures. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.23, 2019.]

18.60.240 Recording of final plat.

(1) No plat shall have any force or effect until the same has been duly executed and recorded. No title to any property described in any offer of dedication shall pass until the final plat has been recorded.

(2) No plat shall be recorded unless all ad valorem taxes and all special assessment fees or other charges required by law to be placed upon the tax roll, which have become a lien upon the development or which will become a lien during the calendar year, have been paid.

(3) The applicant shall provide exact copies of the recorded plat to the Community Development Director. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.24, 2019.]

18.60.250 Errors in the final plat.

If an error in the final plat is discovered after the plat has been filed with the County Clerk, the error shall be corrected by filing a correction plat, which shall be submitted in the same manner as a final plat. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.25, 2019.]

18.60.260 Property line adjustments.

(1) General. A property line adjustment is the movement or elimination of a common boundary line between two units of land.

(a) No more than one common boundary line can be relocated at one time. Additional property line adjustments each require a separate application.

(b) Deeds describing the new boundary lines for the affected units of land shall be recorded with the County Clerk’s office before another property line adjustment application involving one of the affected units of land can be submitted.

(2) Review Criteria. The property line adjustment may be approved only if the reviewing authority shall find that it satisfies the following criteria:

(a) The proposed property line adjustment is in conformance with applicable provisions of ORS Chapter 92.

(b) The proposed property line adjustment will not conflict with legally established easements or access within or adjacent to the proposed property line adjustment.

(c) The resulting lots comply with applicable regulations of the zoning district in which they are located. A property line adjustment for a nonconforming lot may be approved; provided, that the property line adjustment does not exacerbate the nonconformity.

(d) A property line adjustment shall not cause existing structures to straddle the new line or otherwise violate applicable setbacks.

(e) For lot consolidations, the applicant agrees to remove excess utility connections such that the consolidated lot will only have a single service for water and sewer and will otherwise comply with service requirements from other utility providers.

(3) The property line adjustment application shall meet the following requirements:

(a) Drawn to scale (example: one inch to 100 feet);

(b) Show the existing boundary line as a solid line and the proposed movement of the boundary line as a dashed line;

(d) Show location of existing structures, access, and utilities; and

(e) Show the township, range, section, and tax lot numbers of the two tax lots involved.

(4) The applicant shall contact the County Surveyor for surveying requirements once the property line adjustment has been approved by the Community Development Director.

(5) Appeals of a property line adjustment decision shall follow MDC 18.80.240. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 933 § 12.26, 2019.]

18.60.270 Flag lots.

(1) Eligibility for Flag Lots. Flag lots may only be created if the Public Works Director determines that it is impractical to extend a street (including, without limitation, a cul-de-sac) to the flag portion of a proposed flag lot development.

(2) Development Standards. In addition to meeting all other applicable criteria, flag lots must comply with the following standards:

(a) The minimum lot frontage and minimum width for the pole of a flag lot is 15 feet. The minimum frontage and minimum width for the front lot is the otherwise applicable minimum less 10 feet. Any pole exceeding 150 feet will have to meet all applicable fire code requirements.

(b) When a shared driveway serves two or more properties, the shared driveway width must be a minimum of 20 feet. A shared driveway must be employed if the parent parcel has less than 100 feet of street frontage (or less than 80 feet of frontage if on a cul-de-sac) or for any proposed flag lot on a collector or arterial. The maximum number of properties utilizing a shared driveway is four. Any shared driveway must have a reciprocal access and maintenance easement acceptable to City recorded for all properties utilizing the shared driveway prior to or current with platting.

(c) Except for the minimum requirements for the pole stated above, minimum lot widths and depths, if any, are measured on the flag portion of a flag lot.

(d) The flag portion of a flag lot must meet the applicable minimum lot sizes without considering the area of the pole portion of the flag lot.

(e) The front setback does not apply to the flag portion of the flag lot. The lot lines in the flag portion of a flag lot are side lot lines except for the rear lot line, which is a rear lot line.

(f) Except as otherwise provided in this subsection, the front lot must meet all applicable requirements for creation of a lot in the applicable zone.

(g) Flag lots and front lots are not eligible for any variances from dimensional requirements. [Ord. 959 § 2.1 (Exh. B), 2021; Ord. 945 § 2 (Exh. C § 12.27), 2020.]