Prineville City Zoning Code
Subchapter IX
Subdivisions, Partitionings, Lot Consolidations And Replats
§ 153.155 PURPOSE.
It is the purpose of this subchapter, in accordance with the provisions of ORS Chapters 92 and 227, to provide for minimum standards governing the approval of land divisions, including subdivisions, replats, land partitioning and lot consolidations 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, replats, partitioning, lot consolidation and other land division activities within the city and the surrounding urban area.
(Ord. 1180, passed 6-14-2011)
§ 153.156 APPLICABILITY.
No person may subdivide, replat, partition, consolidate 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 subchapter, this chapter and ORS Chapter 92. (ORS 92.012 and 277.100).
(Ord. 1180, passed 6-14-2011)
§ 153.157 SUBDIVISIONS - APPLICATIONS.
(A)
Application.
Any person proposing a subdivision, or the authorized agent or representative thereof, shall submit an application for a subdivision to the City Planning Department. The application shall be accompanied with ten copies of either an outline development plan as provided for in subsection (B) of this section, or a tentative plan as set forth in subsection (C) of this section, together with improvement plans and other supplementary material as may be required, and the appropriate filing fee as established by the City Council. 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 (ODP). The submittal of an outline development plan in the subdivision application process is at the option of the applicant and/or developer unless required as part of a nonstandard subdivision such as a planned unit development (PUD) or cluster development. 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 in this subsection (B).
(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 land use action procedures, hearings and decisions in §§ 153.254, 153.255 and 153.256.
(C)
Tentative plan required. Following 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 required application form, accompanying information and supplemental data and required filing fee, prepared and submitted in accordance with the provisions of this subsection (ORS 92.040). Note: Applicants should review the design standards set forth in § 153.190 et seq. 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 City Planning Official (ORS 92.080). In addition, at least one copy of the plan on a sheet of paper measuring 11 inches by 17 inches shall be provided for public notice requirements.
(2)
Information requirements. Along with showing compliance with the Comprehensive Plan and applicable land use standards and policies, 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. 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.
5.
Title report issued in the last 90 days and supporting documents of all easements identified on the property.
(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 watercourses, and the location of areas subject to erosion, high water tables, storm water 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 or septic tanks, water mains, wells, fire hydrants, 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 bench mark or other engineering acceptable datum and having minimum intervals of two feet for slopes less than 5%, five feet for slopes less than 15%, ten feet for slopes less than 20% and 20 feet for slopes greater than 20%.
8.
Address numbers of adjoining properties.
9.
Existing covenants, codes and restrictions.
10.
Distance to nearest park or recreational area.
(c)
Information concerning proposed subdivision.
1.
Location and size of all required and proposed public infrastructure and connections to existing infrastructure. This includes but is not limited to names, width, typical improvements, cross-sections, approximate grades, curve radii and length of streets. Connections to future infrastructure associated with an outline development plan, master plan or the City Master Plans for Water, Sewer, Transportation and Storm Water shall also be shown.
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 bench mark 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.
Storm water, drainage facility and grading plans.
10.
Statement from each utility company proposed to serve the subdivision stating their willingness to serve the subdivision as set forth in the tentative plan.
11.
Proposed fire protection or fire hydrant system and written approval thereof by the appropriate fire protection agency.
12.
Solar access. Demonstrate that this proposal will not unduly affect the solar access of existing homes.
13.
Location and type of street trees.
14.
Availability of open space, parks and recreational areas meets the requirements of § 153.193, Land for public purposes.
(D)
Master development plan required. An overall master development plan shall be submitted for all developments planning to utilize phase or unit development. In addition to the tentative plan requirements of subsection (C) of this section, 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)
Show compliance with the Comprehensive Plan and applicable land use standards and policies.
(3)
Schedule of improvements initiation and completion.
(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 is 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, 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 requirements for review of land use action procedures, hearings and decisions in §§ 153.254 through 153.256 et seq.
(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 plat. 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. (ORS 92.040)
(H)
Resubmission of denied tentative plan. If the tentative plan for a subdivision is denied, resubmittal of an application for a subdivision of the subject property thereof shall not be accepted by the city for a period of six months after the date of the final action denying the 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. The reviewing authority shall not approve an outline development plan (ODP) or a tentative plan for a subdivision unless the reviewing authority finds, in addition to other requirements and standards set forth by this chapter and other applicable city ordinances, standards and regulations, the following:
(1)
The proposal is in compliance with ORS Chapter 92, applicable goals, objectives and policies set forth by the City's Comprehensive Plan, Master Plans, Standards and Specifications and applicable zoning. (ORS 92.090(2)(c), 197.175(2)(b) and 227.175(4))
(2)
Each lot is suited for the use intended or to be offered, including but not limited to sewage disposal, water supply, guaranteed public street access and utilities.
(3)
The proposal is in compliance with the design and improvement standards and requirements set forth in § 153.190 et seq. and the City's Standards and Specifications or as otherwise approved by the city, or that such compliance can be assured by conditions of approval.
(4)
The subdivision will not create an excessive demand on public facilities and services required to serve the proposed development, or that the developer has proposed adequate and equitable improvements and expansions to the facilities with corresponding approved financing therefor to bring the facilities and services up to an acceptable capacity level (Goal 11).
(5)
The development provides for the preservation of significant scenic, archaeological, natural, historic and unique resources in accordance with applicable provisions of this chapter and the Comprehensive Plan (Goal 5).
(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. (ORS 92.090(2)(a))
(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. (ORS 92.090(2)(b))
(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.
(11)
Provisions of the proposed development to provide for a range of housing needs, particularly those types identified as needed or being in demand. (Goal 10 and ORS 197.303 through 197.307)
(12)
Provisions for open space, parks and recreational areas shall be provided for in accordance with § 153.193, Land for public purposes.
(J)
Improvement requirements. In the approval of any subdivision, the need for a survey and the need for street and other public facility improvements shall be required as a condition of approval. Streets and roads for private use are approved by the city as a variance to public access requirements. (ORS 92.090(2)(b))
(1)
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.
(2)
All required agreements shall be recorded at the Crook County Clerk's office at the same time of recording of the final subdivision plat.
(3)
If the existing street right-of-way is not consistent with city standards or new right-of-way is required through a city master plan or "to and through" standard, street right-of-way shall be dedicated, in compliance with the City's Standards and Specifications and frontage requirements.
(4)
Public infrastructure including right-of-way, water, sewer, streets and sidewalks shall be extended and constructed, per the City's Standards and Specifications, "to and through" each lot created by the subdivision, unless otherwise approved by the city due to the following:
(a)
Phased development.
(b)
Certain aspects of the "to and through" standard may be deferred for one clearly defined remainder lot of at least five acres where future development or division is likely and the infrastructure will be brought through the remainder lot at that time. Right-of-way shall be extended to and through but street, water and sewer infrastructure may be deferred until new development or division of the remainder lot.
(5)
All public utilities are available to each lot line within an adjacent street or alley.
(6)
Paved access is guaranteed to each lot.
(7)
Future development is to be connected to the city's sewer and water systems.
(K)
Final plat approval. The submission of a final plat shall follow the requirements set forth in § 153.164.
(Ord. 1180, passed 6-14-2011; Am. Ord. 1194, passed 9-25-2012; Am. Ord. 1262, passed 12-8-2020)
§ 153.158 PLANNED UNIT DEVELOPMENT (PUD).
(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. A PLANNED UNIT DEVELOPMENT (PUD) 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.
(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 § 153.157, and in addition to those requirements set forth in § 153.094.
(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 that is not 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 living environment.
(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.
(2)
Except for open land uses such as golf courses, parks, natural areas or natural resources and the like, accessory uses shall not occupy more than 25% of the total area of the development, must be approved as a part of the initial development approval and may include the following uses:
(a)
Commercial uses such as a grocery store, convenience store, cafe, bakery, book store, salon, and professional offices.
(b)
Tourist accommodations including convention or destination resort facilities.
(c)
Recreation areas, buildings, clubhouse or other facilities of a similar use or type.
(d)
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%.
(2)
Building heights exceeding those prescribed for by the applicable zone may only be approved if surrounding open space and building setbacks and other design features are used to avoid any adverse impacts due to the greater height. 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% of the total land area of the proposed development.
(4)
Common open space and other community amenities such as community buildings, recreation buildings and school playgrounds, exclusive of streets, shall constitute at least 30% of the total land area of the development. Landscaped planter strips and medians within the street right-of-way may be approved by the Planning Commission as part of the open space requirement provided they are maintained by a homeowners association.
(a)
At least half of the required open space shall be open to the general public.
(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.
(F)
Project density approval. If the Planning Commission finds 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 § 153.157 and for a conditional use as set forth in § 153.135 et seq.
(Ord. 1180, passed 6-14-2011)
§ 153.159 REVIEW NONSTANDARD SUBDIVISONS.
Nonstandard subdivisions are subdivisions or development plans for subdivisions that do not conform to clear and objective standards. These include but are not limited to: cluster developments in § 153.094, outline development plans (ODPs) in § 153.157(B) and planned unit developments (PUDs) in § 153.158. Review of nonstandard subdivisions shall follow the process listed in the zoning use tables of this chapter and follow the procedures and policies for land use action applications, hearings and decisions set forth in §§ 153.254 through 153.256.
(Ord. 1180, passed 6-14-2011; Am. Ord. 1262, passed 12-8-2020)
§ 153.160 LAND PARTITIONING.
(A)
Applicability of regulations. As defined in this section and this chapter, all land partitioning within the city, except as set forth in subsection (D) of this section, must be approved by the city as provided for in this section; however, the Planning Director or designee may refer any partition to the Hearings Body for a hearing and decision.
(B)
Definitions. For the purposes of this section and this chapter, the words and phrases shall have the meaning set forth herein.
PARTITIONING.
To divide a lot, parcel or tract of land into two or three lots or parcels but does not include the following:
(1)
A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property, or the creation of a cemetery lot.
(2)
An adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created, and where the existing unit of land reduced in size by the adjustment complies with the applicable zoning.
(3)
The division of land resulting from the recording of a subdivision or condominium plat.
(4)
The sale of a lot in a recorded subdivision or town plat, even though the developer, owner or seller of the lot may have owned other contiguous lots or property prior to the sale; the lot, however, must be sold as platted and recorded.
MAJOR PARTITIONING.
A partitioning where a new street or road is created for access to one or more of the parcels created by the partitioning.
MINOR PARTITIONING.
A partitioning where each lot or parcel created has access to an existing public road, street, highway or way; that is, a partitioning that does not include the creation of a new road or street for access to one or more of the lots or parcels being created. For the purposes of this definition and this definition only, an easement or public street for access of more than 100 feet in length shall be considered a street or road.
SERIES PARTITIONING.
A series of partitions, major or minor, of a tract of land resulting in the creation of four or more parcels over a period of more than one calendar year.
(C)
Flag lots and townhome lots. The creation of a flag lot or townhome lot not part of a subdivision shall be considered a minor partition. For criteria regarding flag lots, refer to § 153.191(F). For criteria regarding townhome lots, refer to § 153.084(C).
(D)
Exemption. Partitions resulting in the following are not subject to the land partitioning requirements or applicable zoning regulations set forth by this chapter. However, a final plat map shall be required in accordance with state law.
(1)
The partitioning of property for the purpose of transferring property or properties to a public or semi-public agency for a public road, street, railroad, electric substation, canal, utility right-of-way, public park, school, recreation facility, trail, bikeway, natural area or other similar public purpose.
(E)
Filing procedures and requirements. Any person proposing a land partitioning, or the authorized agent or representative thereof, shall prepare and submit a copy of the tentative plan as specified under subsection (E)(4) of this section, together with a digital copy and the prescribed application form and required filing fee, to the City Planning Official.
(1)
Minor partitioning. The reviewing authority shall take action to either approve the application as submitted, approve with modifications or conditions, deny the application, or refer the subject application to the Planning Commission for review and action thereon. Review of a minor partition shall follow the procedures and policies for a land use action set forth in § 153.250 et seq.
(2)
Major partitioning. With an application and tentative plan for a major partitioning, the application shall be referred to the Planning Commission for review and action if one or more objections are received in writing during the required 14-day notice period for a land use action. The Planning Commission may approve the application as submitted, approve with modifications or conditions or deny the application.
(3)
Series partitioning. Any division of land resulting in a series partitioning may be referred to the Planning Commission for review and approval. Applications for any series partitioning shall be made and processed in the same manner as a minor partitioning. Approval requirements shall be the same as for any partitioning; however, the reviewing authority shall deny any such series partitioning when it is determined that the partitioning is done for the purpose of circumventing applicable subdivision regulations.
(4)
Proposed partitioning shall be drawn. The tentative plan of a proposed partitioning shall be drawn on a sheet 18 inches by 24 inches in size or multiples thereof at a scale of one inch equals 50 feet or multiples thereof. A copy of the proposed partitioning shall also be provided on a sheet measuring 11 inches by 17 inches for public review and notice requirements.
(5)
Requirements for the plan.
(a)
A vicinity map locating the proposed partitioning in relation to adjacent subdivisions, roadways, properties and land use patterns.
(b)
A plan of the proposed partitioning showing overall boundaries and dimensions, the area of each lot or parcel and the names, right-of-way widths and improvement standards of existing and proposed streets.
(c)
Names and addresses of the landowner, 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.
(d)
A statement regarding provisions for water supply, sewage disposal, solid waste disposal, fire protection, access, utilities and the like.
(e)
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.
(f)
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.
(g)
A plan showing the layout of public infrastructure, as well as future connections to surrounding properties and existing infrastructure.
(h)
Location of all existing buildings, canals, ditches, septic tanks, drain fields, wells and utility poles.
(i)
Location of any topographical features which could impact the partition, such as canyons, drainages, rock outcroppings, wetlands, and floodplains.
(F)
Requirements for tentative partition approval.
(1)
The proposal is in compliance with ORS Chapter 92, the City's Comprehensive Plan, Master Plans, Standards and Specifications and applicable zoning regulations.
(2)
Each parcel is suited for the use intended or to be offered, including but not limited to sewage disposal, water supply, guaranteed public street access and utilities.
(3)
The proposal is in compliance with § 153.016, Municipal sewer and water required, the design and improvement standards and requirements set forth in § 153.190 et seq. and the City's Standards and Specifications or as otherwise approved by the city, or that such compliance can be assured by conditions of approval.
(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.
(5)
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.
(G)
Improvement requirements. 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 infrastructure, bonding or other assurance of compliance.
(1)
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.
(2)
All required agreements shall be recorded at the Crook County Clerk's office at the same time of recording of the final partition plat.
(3)
If the existing street right-of-way is not consistent with city standards or new right-of-way is required through a city master plan or "to and through" standard, street right-of-way shall be dedicated, in compliance with the City's Standards and Specifications and frontage requirements.
(4)
Public infrastructure including right-of-way, water, sewer, streets and sidewalks shall be extended and constructed, per the City's Standards and Specifications, "to and through" each lot created by the partition, unless otherwise approved by the city due to the following:
(a)
Certain aspects of the "to and through" standard may be deferred for one clearly defined remainder lot of at least five acres where future development or division is likely and the infrastructure will be brought through the remainder lot at that time. Right-of-way shall be extended to and through but street, water and sewer infrastructure may be deferred until new development or division of the remainder lot.
(5)
All public utilities are available to each lot line within an adjacent street or alley.
(6)
Paved access is guaranteed to each lot.
(7)
Future development is to be connected to the city's sewer and water systems.
(H)
Final map requirements. Within one year of the approval of a partitioning, the partitioner shall have prepared and submitted to the City Planning Official a final partitioning map prepared by a licensed surveyor and any other materials or documents required by the approval.
(1)
A final partitioning map prepared for this purpose shall comply with the recording requirements applicable to a final plat for a subdivision.
(Ord. 1180, passed 6-14-2011; Am. Ord. 1194, passed 9-25-2012; Am. Ord. 1262, passed 12-8-2020; Am. Ord. 1266, passed 7-13-2021)
§ 153.161 LOT CONSOLIDATIONS.
The purpose of this section is to allow for the reconfiguration or elimination of lots without the requirements of a full subdivision or partition process. A lot consolidation is the actual removal or relocation of a lot line or lines. It is not the process of consolidating tax lots. All lot consolidations shall follow the same planning process as a boundary line adjustment and final plat map requirements of a partition, subdivision or replat as applicable. The following criteria shall apply:
(A)
Consolidations may only result in the same number or fewer lots.
(B)
Consolidations shall only be performed on contiguous lots.
(C)
All lots created shall meet the minimum dimensional standards of the zone to include public street frontage. Exceptions may be made for lots that are currently nonconforming based on the original partition or subdivision; however, the intent of this criteria is for greater conformance.
(D)
Each noncontiguous consolidation shall be a separate application.
(E)
Consolidations shall not be used to substantially alter a subdivision outside of the subdivision process as determined by the Planning Director. A subdivision plat should only be used as an efficient means to replat multiple consolidations within the same subdivision that could otherwise be done individually without significantly altering the subdivision.
(F)
Consolidations shall not be used to avoid public improvements that would otherwise be required or have been required by a land partition or subdivision such as the replatting of a subdivision that has not yet been constructed.
(Ord. 1180, passed 6-14-2011; Am. Ord. 1208, passed 12-9-2014; Am. Ord. 1262, passed 12-8-2020)
§ 153.162 REPLATS.
(A)
Per ORS 92.010, a replat is the act of platting the lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.
(B)
In practice, the City of Prineville will process a replat the same as a lot consolidation, partition or subdivision, depending on the amount of lots being created or eliminated or the type of plat being replatted. The County Surveyor shall make the final determination on whether a plat is titled as a replat, partition or subdivision.
(C)
The replat of a portion of a recorded plat shall not act to vacate any recorded easements, covenants or restrictions.
(Ord. 1180, passed 6-14-2011; Am. Ord. 1262, passed 12-8-2020)
§ 153.163 BOUNDARY LINE ADJUSTMENT AND FINAL MAP RECORDATION.
(A)
Boundary line adjustment regulations. Boundary line adjustments are the modification of the boundaries of a lot of record. New lots are not created by a boundary line adjustment.
(B)
Submission requirements. All applications shall include a preliminary boundary line map identifying all existing and proposed boundary lines and dimensions; footprints and dimensions of driveways and public and private streets within or abutting the subject lots of record; existing fences and walls; and any other information deemed necessary by the City of Prineville for ensuring compliance with the Prineville Development Code.
(C)
Approval process.
(1)
Boundary line adjustments shall be reviewed administratively without prior notice consistent with § 153.254 using the criteria contained in subsection (D) of this section.
(2)
Boundary line adjustment approvals shall be effective for one year from the date of approval, during which time it shall be recorded.
(3)
The boundary line adjustment approval shall lapse if:
(a)
The boundary adjustment is not recorded within the time limit in subsection (C)(2) of this section;
(b)
The boundary line adjustment has been improperly recorded with Crook County without satisfactory completion of all conditions attached to the approval; or
(c)
The final recording is a departure from the approved plat.
(D)
Approval criteria. The city shall approve or deny a request for a lot line adjustment in writing based on findings that all of the following criteria are satisfied:
(1)
No additional lot or parcel is created by the adjustment.
(2)
All properties adjusted comply with the applicable zone requirements and design and improvement requirements of this chapter.
(E)
Recording of final map. A final map shall be recorded in the same manner as a partition or subdivision and comply with the survey requirements of ORS Chapters 92 and 209.
(1)
The original plat and an exact copy shall be submitted to and approved by the City Planning Director. The approval shall be evidenced by signature on both the original and exact copy.
(2)
The original plat and exact copy shall be submitted along with the appropriate recording fee to the County Surveyor for recording into the county survey records.
(3)
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.
(4)
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.
(5)
After recording information is placed on the exact copy, a minimum of three copies shall then be submitted to the City Planning Director, together with the digital data in a format approved by the city and the Crook County GIS Department.
(Ord. 1180, passed 6-14-2011)
§ 153.164 FINAL PLAT FOR SUBDIVISIONS, PARTITIONS, LOT CONSOLIDATIONS AND REPLATS.
(A)
Time requirement. Except as otherwise approved in accordance with the approval the subdivider or partitioner shall, within one year after the date of approval (including the appeal period), prepare and submit with the appropriate filing fee the final plat for a subdivision or partition that is in conformance with the tentative plan as approved and with all conditions applicable thereto.
(1)
The filing shall be to the City Planning Official. If the subdivider fails to file the final plat before the expiration of the one-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.
(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 schedule approved as a part of the master plan.
(3)
Extension. For extension criteria see § 153.259, Limitations on approvals.
(4)
Form of final plat. The final plat shall be prepared in conformance with the applicable standards of ORS Chapter 92 and the requirements of the Crook County Surveyor and Crook County Clerk.
(B)
Technical review of final plat. Upon receipt by the city, the plat and other data shall be reviewed by the City Planning Official and City Engineer to determine that the subdivision or partition as shown is substantially the same as it appears on the approved tentative plat or as otherwise approved through conditions and complies with the provisions of this chapter and other applicable laws.
(1)
Field check. The city may make such checks in the field to verify that the plat is sufficiently correct. A representative of the city may enter the property for this purpose.
(C)
Conditions of final plat approval. The conditions for final plat approval are essentially the same for a subdivision or partition. A partition plat may require fewer signatures based on the type of review and dedications.
(1)
The City Planning Official and City Engineer shall again determine whether the final plat conforms to the approved plan and other provisions of this chapter and applicable laws. If the City Planning Official and City Engineer do not approve the plat, the applicant shall be advised of the changes or additions that must be made and shall afford a reasonable opportunity (not to exceed 30 days) to make the changes or additions. If the plat does conform and supplemental documents and provisions for required improvements are satisfactory, the City Planning Official will sign and recommend signatures by the Public Works Director, Planning Commission Chair and Mayor.
(2)
No final plat for a proposed subdivision shall be approved unless it is found to comply with the following minimum standards. (ORS 92.090(3))
(a)
The final plat is found to be in compliance with the tentative plan approval and all conditions set forth thereby.
(b)
Streets and roads for public use are dedicated without any reservations or restrictions.
(c)
Streets and roads held for private use are clearly indicated.
(d)
The plat contains a dedication to the public of all common improvements and public uses proposed or required as a condition of approval of the tentative plan, including but not limited to streets, roads, parks, sewage disposal, and water supply.
(e)
Explanations of restrictions required as a condition of approval shall be recorded and referenced on the final plat.
(f)
All proposed or required improvements have either been completed or approved by the city and a maintenance surety bond has been executed under § 153.199 or a bond, contract or other assurance of improvements has been executed per § 153.197.
(D)
Recording of final plat. The subdivider shall, without delay, submit the final plat for the approval and 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 45 days after the date of approval by the City Mayor.
(1)
After obtaining all required approvals and signatures, the subdivider shall submit an exact copy of the final plats to the County Surveyor for recording into the survey records.
(2)
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.
(3)
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.
(4)
An exact copy of all final plats showing the recording information shall also be submitted to the City Planning Department, Assessor and Crook County GIS Department. A copy of the digital data of the plat in an approved format shall also be submitted to the City Planning Department and the Crook County GIS Department.
(Ord. 1180, passed 6-14-2011)
