North Plains City Zoning Code
SUBDIVISIONS
§ 155.585 DEFINITION.
SUBDIVISION, for the purpose of this subchapter, is meant to divide an area of land into four or more lots for the purpose of transfer of ownership or building development, whether immediate or future, when such lot exists as a unit or contiguous units.
(Prior Code, § 16.135.000) (Ord. 427, passed 5-16-2016; Ord. 451, passed 6-4-2018; Ord. 454, passed 10-1-2018; Ord. 470, passed 8-17-2020)
§ 155.586 CONFORMANCE.
(A) All subdivisions shall conform to applicable zoning district standards, development standards of this chapter and the Comprehensive Plan.
(B) A Master Plan for development shall be required for any application which leaves a portion of the subject property capable of redevelopment.
(C) Pre-application conferences shall be required prior to the submittal of all subdivision applications. The City Manager may waive this requirement.
(Prior Code, § 16.135.005) (Ord. 427, passed 5-16-2016; Ord. 451, passed 6-4-2018; Ord. 454, passed 10-1-2018; Ord. 470, passed 8-17-2020)
§ 155.587 SUBMITTAL REQUIREMENTS FOR TENTATIVE SUBDIVISION PLANS.
(A) All subdivision applications shall be submitted on forms provided by the city and accompanied by the appropriate filing fee.
(B)
Each application shall include one copy of the tentative subdivision plan drawn on a sheet of minimum 18 inches by 24 inches in size at a scale of one inch equals 100 feet and one copy in electronic form.
(C) Should include copy of the letters of tentative approval of all service providers.
(D) The following information shall be shown on the tentative subdivision plan:
(1) Proposed name of the subdivision. This name shall not duplicate or resemble the name of any other subdivision in the county and shall be approved by the Planning Commission and the County Surveyor;
(2) Date, north point and scale of drawing;
(3) Appropriate identification of the drawing as a tentative plan;
(4) Description of the subdivision sufficient to define its location and boundaries and legal description of the land proposed to be subdivided;
(5) Names and addresses of the owner and subdivider applicant;
(6) The location, widths and names of existing improved and unimproved streets within or adjacent to the tract. Add the location and width of existing easements within or adjacent to the tract;
(7) The location, width, names, approximate grades and radii of curves of proposed streets as shown on any development plan and any proposed easements;
(8) Contour lines related to some established bench mark or other datum approved by the City Engineer and having minimum intervals as follows:
(a) For slopes of less than 5%: two feet, together with not less than four spot elevations per acre, evenly distributed, if necessary;
(b) For slopes of 5% to 15%: five feet;
(c) For slopes of 15% to 20%: ten feet; and
(d) For slopes of over 20%: 20 feet.
(9) The location of at least one temporary bench mark within the subdivision boundaries pursuant to ORS 96.060;
(10) The location and direction of watercourses and the location of areas subject to flooding and/or within the most current designated 100-year floodplain;
(11) Natural features such as rock outcroppings, marshes, wooded areas and isolated preservable trees having a caliper (diameter) of six inches or greater at four feet above grade;
(12) Existing uses of the property and location of existing structures designated historic and cultural resources on the site and structures to remain on the property after platting;
(13) A vicinity map (a minimum 250-foot radius of the site) showing existing subdivisions and unsubdivided land ownerships adjacent to the proposed subdivision and showing how proposed streets and utilities may be extended to connect to existing streets and utilities. The vicinity map shall identify the grade(s) of adjacent properties in relation to the grade(s) of the proposed subdivision;
(14) Proposed deed restrictions, if any, in outline form;
(15) The location of existing sewage disposal facilities, water mains, culverts, storm drainage facilities and electric lines within and adjacent to the subdivision;
(16) Dimensions and area of each proposed lot;
(17) Proposed lot and tract numbers (or other designator such as letter for tracts);
(18) Proposed sites, if any, allocated for development;
(19) All subdivisions must show how layout of streets will interface with and accommodate all adjacent properties;
(20) Proposed fences within and surrounding the subdivision; and
(21) Any of the following may be required by the city or Planning Commission to supplement the tentative subdivision plan:
(a) Approximate centerline profiles with extensions for a reasonable distance beyond the limits of the proposed subdivision showing the finished grade of streets and sidewalks and the nature and extent of street construction;
(b) A schematic plan for domestic water supply lines and related water service and sewage disposal facilities;
(c) Proposals for storm water drainage and flood control, including profiles of proposed drainage ways;
(d) If lot areas are to be graded or filled, a plan showing the nature of cuts and fills and information on the character of the soil; and
(e) Proposals for other improvements such as electric utilities.
(Prior Code, § 16.135.010) (Ord. 427, passed 5-16-2016; Ord. 451, passed 6-4-2018; Ord. 454, passed 10-1-2018; Ord. 470, passed 8-17-2020)
§ 155.588 PRELIMINARY PLAT APPROVAL CRITERIA.
The city may approve, approve with conditions or deny a preliminary plat based on the following approval criteria:
(A) The proposed preliminary plat complies with the applicable subchapters and all other applicable ordinances and regulations. At a minimum, the provisions of this section and the applicable sections of this chapter including zoning districts, development standards, and streets and facilities shall apply. Where a variance is necessary to receive preliminary plat approval, the application shall also comply with §§ 155.105 through 155.110 of this chapter;
(B) The proposed streets, roads, sidewalks, bicycle lanes, pathways, utilities and surface water management facilities are laid out so as to conform or transition to the plats of subdivision and maps of major partitions already approved for adjoining property as to width, grade, general direction and in all other respects. All proposed public improvements and dedications are identified on the preliminary plat;
(C) All proposed private common areas and improvements (such as, homeowners association property) are identified on the preliminary plat;
(D) Evidence that any required state and federal permits have been obtained, or shall be obtained before approval of the final plat;
(E) Evidence the improvements or conditions required by the city, road authority, county, clean water services, special districts, utilities and/or other service providers, as applicable to the project, have been or shall be met;
(G) If any part of the site is located within a specific area plan district, overlay district or previously approved Master Plan development, it shall conform to the applicable regulations and/or conditions. If a floodplain development permit or significant natural resource overlay permit is required for the development of the subdivision, the floodplain development permit or significant natural resource overlay permit must be approved prior to approval of the subdivision preliminary plat. In most cases, this will require two separate hearings before the Planning Commission; and
(H) For subdivisions in residential zones or proposing residential development, the plat shall include municipal park area, with a minimum size of 400 square feet per dwelling unit in the subdivision.
(Prior Code, § 16.135.015) (Ord. 427, passed 5-16-2016; Ord. 451, passed 6-4-2018; Ord. 454, passed 10-1-2018; Ord. 470, passed 8-17-2020)
§ 155.589 LOT ACCESS PROVISIONS.
In addition to the provisions of this chapter, all lots and parcels shall conform to the specific requirements below, as applicable.
(A) In conformance with the Uniform Fire Code (UFC), a 20-foot wide fire apparatus drive shall be provided to serve all portions of a building that are located more than 150 feet from a public right-of-way or approved access drive.
(B) When a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved subdivision. The minimum drive width shall be ten to 15 feet, except as required by the UFC, and improved with an all-weather surface approved by the city.
(C) Access reserve strips may be required to be granted to the city for the purpose of controlling access to adjoining undeveloped properties.
(D) Street and building placement and alignment shall be designed so that all future street connections can be made as surrounding properties develop.
(E) Access easements may be required to be granted to the city for the purpose of controlling access to adjoining undeveloped properties.
(Prior Code, § 16.135.025) (Ord. 427, passed 5-16-2016; Ord. 451, passed 6-4-2018; Ord. 454, passed 10-1-2018; Ord. 470, passed 8-17-2020)
§ 155.590 FLAG LOT.
Flag lots may be created only when a through street or mid-block lanes cannot be extended to serve abutting uses or future development. A flag lot driveway (“flag pole”) may serve no more than two dwellings units, including accessory dwellings and dwellings on individual lots, unless Uniform Fire Code (UFC) standards are met for more units. A driveway serving more than one lot shall be a minimum of 15 feet wide, except as required by the UFC, and have a reciprocal access and maintenance easement recorded for all lots. No fence, structure or other obstacle shall be placed within the drive area. The Fire Marshal may require an emergency turn-around. Fire sprinklers may also be required for buildings that cannot be fully served by fire hydrants due to distance from a hydrant of insufficient fire flow.
(Prior Code, § 16.135.030) (Ord. 427, passed 5-16-2016; Ord. 451, passed 6-4-2018; Ord. 454, passed 10-1-2018; Ord. 470, passed 8-17-2020)
§ 155.591 CONDITIONS OF APPROVAL.
The city may attach such conditions as are necessary to carry out provisions of this code, and other applicable city ordinances and state regulations. Such standards may include requirement that all fences constructed with the approved subdivision meet the standards of § 155.502 of this chapter.
(Prior Code, § 16.135.035) (Ord. 427, passed 5-16-2016; Ord. 451, passed 6-4-2018; Ord. 454, passed 10-1-2018; Ord. 470, passed 8-17-2020)
§ 155.592 PRELIMINARY REVIEW OF TENTATIVE SUBDIVISION PLAN.
(A) Upon receipt of a complete application, the city shall refer copies of the tentative subdivision plan and supplementary material to affected agencies for review and comments.
(B) The city shall prepare a staff report and recommendation on the tentative subdivision plan for the Planning Commission. The city may recommend approval of the tentative plan as submitted or as it may be modified in accordance with § 155.587 of this chapter. The city may attach any reasonable conditions found necessary to carry out the purposes of this or any other city ordinance or state statute.
(C) If the city recommends denial, the staff report and recommendation shall set out clearly the grounds for denial and shall dearly inform the applicant of the changes or modifications needed to allow the lawful division of the property.
(D) Upon receipt of the city’s staff report and recommendation, the Planning Commission shall hold a public hearing to give consideration to the tentative subdivision plan. The Planning Commission may approve the tentative plan as submitted or as it may be modified by recommendation of the city or Planning Commission.
(E) Approval of the tentative plan shall indicate approval of the final plat if there is no change in the plan of the subdivision and if the subdivider complies with the requirements of this subchapter.
(F) The action of the Planning Commission shall be noted on two copies of the tentative plan, including reference to any attached documents describing conditions. One copy shall be retained by the city and the other shall be returned to the applicant with a written statement of the Commission’s action.
(Prior Code, § 16.135.040) (Ord. 427, passed 5-16-2016; Ord. 451, passed 6-4-2018; Ord. 454, passed 10-1-2018; Ord. 470, passed 8-17-2020)
§ 155.593 EXPIRATION OF TENTATIVE APPROVAL.
Approval of the tentative plan shall become null and void if a final plat in accordance with these regulations is not submitted within two years after the date of the approval of the tentative plan. If the subdivider cannot complete the recording of the final plat within the two-year time period, the subdivider may petition the city for an extension of the subdivision approval in accordance with the provisions hereof.
(Prior Code, § 16.135.045) (Ord. 427, passed 5-16-2016; Ord. 451, passed 6-4-2018; Ord. 454, passed 10-1-2018; Ord. 470, passed 8-17-2020)
§ 155.594 PHASING OF DEVELOPMENT.
If requested in the original application, a large subdivision may be approved for phased development. The final plat for the first phase of such a phased subdivision shall be submitted within two years of the date of approval of the tentative plan. Final plats of subsequent phases may be submitted after the two-year limitation; provided that, each phase complies with the approved tentative plan of the subdivision. Request for extensions of subdivision approvals may be made in accordance with the general provisions of this subchapter. However, in no case shall the final plat for the last phase be submitted more than ten years after the approval of the tentative plan.
(Prior Code, § 16.135.050) (Ord. 427, passed 5-16-2016; Ord. 451, passed 6-4-2018; Ord. 454, passed 10-1-2018; Ord. 470, passed 8-17-2020)
§ 155.595 FINAL SUBDIVISION PLAT.
(A) Submittal of final subdivision plat. Within two years after approval of the tentative plan, the subdivider shall have the subdivision surveyed and a plat prepared which conforms to the approved tentative plan, unless a request for an extension of the subdivision approval is made in accordance with the provisions hereof.
(B) Information on plat. The applicant shall submit one original, one additional hard copy and one electronic copy of the final subdivision plat. The following information shall be included on the plat:
(1) Reference points of existing surveys identified, related to the plat by distance and bearings, and referenced to a field book or map as follows:
(a) Stakes, monuments or other evidence found on the ground and used to determine the boundaries of the subdivision;
(b) Adjoining corners of adjoining subdivisions; and
(c) Other monuments found or established in making the survey of the subdivision or required to be installed by provisions of this chapter.
(2) The exact location and width of streets and easements intercepting the boundary of the tract;
(3) Tract and lot boundary lines and street right-of-way and centerlines, with dimensions, bearing or deflection angles, radii, arcs, points of curvature and tangent bearings;
(4) The width of the portion of streets being dedicated and width of existing right-of-way. For streets on curvature, curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated;
(5) Easements denoted by dashed lines, clearly identified and, if already of record, their recorded reference. If an easement is not definitely located of record, a statement of the easement shall be given. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the subdivision shall be shown. If the easement is being created by the map, it shall be properly referenced in the declaration of the plat;
(6) Identification of land to be dedicated for any purpose, public or private, to distinguish it from lots intended for sale; and
(7) All plats must be signed and sealed in accordance with ORS Ch. 92.
(C) Supplemental information with plat. The following information shall accompany 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 their interest in the premises;
(2) Sheets and drawings showing the following:
(a) Traverse data including the coordinates of the boundary of the subdivision and ties to section corners and donation land claim corners and showing the error of closure, if any;
(b) The computation of distances, angles and courses shown on the plat; and
(c) Ties to existing monuments, proposed monuments, adjacent subdivisions, street corners and state highway stationing.
(3) A copy of any deed restrictions applicable to the subdivision;
(4) A copy of any dedication requiring separate documents; and
(5) A list of all taxes and assessments on the tract which have become a lien on the tract.
(D) Technical plat review.
(1) Upon receipt of the final plat, the plat and other data shall be reviewed by the city to determine that the subdivision as shown is substantially the same as it appeared on the approved tentative plan and that the subdivision is in compliance with provisions of state law and this subchapter.
(2) The City Engineer may make such field checks as are necessary to verify that the map is sufficiently correct on the ground.
(3) If the City Engineer and city determine that changes or additions must be made to the final plat, they shall notify the subdivider and afford the subdivider an opportunity to make the changes or additions.
(Prior Code, § 16.135.055) (Ord. 427, passed 5-16-2016; Ord. 451, passed 6-4-2018; Ord. 454, passed 10-1-2018; Ord. 470, passed 8-17-2020)
§ 155.596 FINAL SUBDIVISION PLAT REVIEW.
(A) The final subdivision plat shall be submitted to the city for review pursuant to the requirements sections of this subchapter. The city shall review the plat to assure compliance with the approved preliminary plat and with the conditions of approval. The city shall signify approval of the final Mylar plat by signing the plat sheet. However, if the plat includes dedication of any newly created public roads the city, by ordinance, shall either accept a deed of dedication on a form acceptable to the city, or sign an acceptance of dedication on the final plat. Any substantial changes to the final plat from the preliminary plat must be approved by the original approval authority and is processed as a modification.
(B) A subdivider shall, without delay, submit the plat for signatures of other public officials required by law. Approval of the final plat shall be null and void if the plat is not recorded within 90 days after the date of the last required approving signature has been obtained.
(C) At the time of submittal for final approval, the subdivider shall pay to the city a final plat filing fee to defray the cost incurred by the city in checking, investigating and otherwise reviewing the final plat for conformance to all applicable laws. The final plat filing fee must be paid at the time of submittal, in no way assures approval and cannot be refunded.
(Prior Code, § 16.135.060) (Ord. 427, passed 5-16-2016; Ord. 451, passed 6-4-2018; Ord. 454, passed 10-1-2018; Ord. 470, passed 8-17-2020)
§ 155.597 IMPROVEMENTS; BONDING.
Prior to the city signature of the final subdivision plat, all improvements required by the conditions of approval shall be constructed or the construction shall be guaranteed through an irrevocable letter of credit, assignment of bank account, performance bond, cash or other instrument acceptable to the City Attorney. The assurance sum shall cover the cost of the improvements and repairs, including related engineering and incidental expenses identified in an itemized improvement estimate provided by the developer and certified by a registered civil engineer. A development agreement between the city and the developer shall be recorded with the final plat. In the event the developer fails to carry-out the provisions of the agreement, and the city has unreimbursed costs or expenses resulting from such failure, the city shall call on the bond, cash deposit, letter of credit or other instrument for reimbursement. The developer shall not cause termination of, nor allow expiration of, the guarantee without first having secured written authorization from the city.
(Prior Code, § 16.135.065) (Ord. 427, passed 5-16-2016; Ord. 451, passed 6-4-2018; Ord. 454, passed 10-1-2018; Ord. 470, passed 8-17-2020)
§ 155.598 RECORDING.
The applicant is responsible for recording the final subdivision plat with the county. A building permit shall not be issued nor a lot be sold, transferred, nor assigned, until the subdivision has been recorded. However, parent lot deemed legal lot(s) of record may qualify subject to the setbacks of tentative plat approval. In addition, model homes are permitted subject to the provisions of §§ 155.090 through 155.094 of this chapter.
(Prior Code, § 16.135.070) (Ord. 427, passed 5-16-2016; Ord. 451, passed 6-4-2018; Ord. 454, passed 10-1-2018; Ord. 470, passed 8-17-2020)
§ 155.599 RE-PLATTING, VACATION OR CHANGE TO APPROVED LAND DIVISIONS.
Any plat or portion thereof may be re-platted or vacated upon receiving an application signed by all the owners as appearing on the deed or current title report. Further, any change to a map of an approved or recorded land division that affects a street, public use, property line, number of lots or the provision of public services may be requested upon receiving application by all owners as appearing on the deed. All requests for a re-plat, a plat vacation or a change to an approved or recorded land division shall be processed in accordance with the procedures and standards for approval of a subdivision or partition.
(Prior Code, § 16.135.075) (Ord. 427, passed 5-16-2016; Ord. 451, passed 6-4-2018; Ord. 454, passed 10-1-2018; Ord. 470, passed 8-17-2020)