The purpose of this chapter is to provide regulations governing the division and reconfiguration of land.

(Prior Code, § 205.001; Ord. No. 31-13)

(a)

Applicability. Except as provided in ORS 92.010(9), no land shall be divided into three or fewer parcels within a calendar year without receiving tentative partition plan approval as set forth in this section.

(b)

Procedure type. A tentative partition plan is processed as a Type II procedure under SRC chapter 300.

(c)

Submittal requirements. In addition to the submittal requirements for a Type II application under SRC chapter 300, an application for tentative partition plan shall include the information required in SRC 205.030.

(d)

Criteria. A tentative partition plan shall be approved if all of the following criteria are met:

(1)

The tentative partition plan complies with the standards of this chapter and with all applicable provisions of the UDC.

(2)

The tentative partition plan does not impede future access to adjacent land.

(3)

Development within the tentative partition plan can be served by city infrastructure.

(4)

The street system in and adjacent to the tentative partition plan conforms to the Salem Transportation System Plan.

(5)

When the tentative partition plan is for property located more than 300 feet from an available sewer main, and the property will not connect to City water and sewer:

(A)

The property is zoned residential;

(B)

The property has received a favorable site evaluation from the county sanitarian for the installation of an on-site sewage disposal system; and

(C)

The proposed parcels are at least five acres in size and, except for flag lots, have no dimension that is less than 100 feet.

(e)

Conditions of approval for partitions in areas unserved by City sewer. In addition to any conditions imposed pursuant to SRC 300.820, when the tentative partition plan is for property located more than 300 feet from an available sewer main, and the property will not connect to City water and sewer, the following conditions shall be imposed:

(1)

The parcels shall only be used for residential purposes;

(2)

All buildings and structures shall meet required setbacks from future street rights-of-way; and

(3)

A non-remonstrance agreement shall be signed and recorded against the property agreeing to connect to the City's sewer and water systems when they become available, and waiving the right to object to any future City sewer and water project benefiting the property.

(f)

Expiration. Tentative partition plan approval shall expire as provided in SRC 300.850, unless an application for final plat is submitted within the time limits set forth in SRC 300.850, or an extension is granted pursuant to SRC 300.850(b).

(Prior Code, § 205.005; Ord. No. 31-13; Ord. No. 8-24, § 1(Exh. A), 9-23-2024)

(a)

Applicability. No land shall be divided into four or more lots within a calendar without receiving tentative subdivision plan approval as set forth in this section.

(b)

Procedure type. A tentative subdivision plan is processed as a Type II procedure under SRC chapter 300.

(c)

Submittal requirements. In addition to the submittal requirements for a Type II application under SRC chapter 300, an application for tentative subdivision plan shall include the information required in SRC 205.030.

(d)

Criteria. A tentative subdivision plan shall be approved if all of the following criteria are met:

(1)

The tentative subdivision plan complies with the standards of this chapter and with all applicable provisions of the UDC.

(2)

The tentative subdivision plan does not impede future use or development of the property or adjacent land.

(3)

Development within the tentative subdivision plan can be served by city infrastructure.

(4)

The street system in and adjacent to the tentative subdivision plan conforms to the Salem Transportation System Plan.

(5)

The tentative subdivision plan mitigates impacts to the transportation system consistent with the approved traffic impact analysis, where applicable.

(6)

When the tentative subdivision plan requires an Urban Growth Preliminary Declaration under SRC chapter 200, the tentative subdivision plan is designed in a manner that ensures that the conditions requiring the construction of on-site infrastructure in the Urban Growth Preliminary Declaration will occur, and, if off-site improvements are required in the Urban Growth Preliminary Declaration, construction of any off-site improvements is assured.

(e)

Expiration. Tentative subdivision plan approval shall expire as provided in SRC 300.850, unless an application for final plat is submitted within the time limits set forth in SRC 300.850, or an extension is granted pursuant to SRC 300.850(b).

(Prior Code, § 205.010; Ord. No. 31-13; Ord. No. 8-24, § 1(Exh. A), 9-23-2024)

(a)

Applicability. The subdivision of land may be phased. No land shall be divided as a phased subdivision without receiving tentative phased subdivision plan approval as set forth in this section. When the subdivision of land is phased, one tentative plan is approved for the entire phased subdivision, and each individual phase receives separate final plat approval.

(b)

Procedure type. A tentative phased subdivision plan is processed as a Type II procedure under SRC chapter 300.

(c)

Submittal requirements. In addition to the submittal requirements for a Type II application under SRC chapter 300, an application for tentative phased subdivision plan shall include:

(1)

The information required in SRC 205.030; and

(2)

A phasing plan that indicates the tentative boundaries of each phase, the sequencing of the phases, the tentative configuration of lots in each phase, and a plan for the construction of all required city infrastructure in each phase.

(d)

Approval criteria. A tentative phased subdivision plan shall be approved if all of the following criteria are met:

(1)

The tentative phased subdivision plan meets all of the criteria for tentative subdivision plan approval set forth in SRC 205.010(d).

(2)

Connectivity for streets and City utilities between each phase ensures the orderly and efficient construction of required public improvements among all phases.

(3)

Each phase is substantially and functionally self-contained and self-sustaining with regard to required public improvements.

(4)

Each phase is designed in such a manner that all phases support the infrastructure requirements for the phased subdivision as a whole.

(e)

Modification pursuant to final plat approval. If the approval of a final plat for a phase of a phased subdivision requires the change of a boundary of a subsequent phase, or a change to the conditions of approval, the tentative phased subdivision plan shall be modified prior to approval of the final plat.

(f)

Expiration. Tentative phased subdivision plan approval shall expire as provided in SRC 300.850, unless an application for final plat is submitted for each phase within the time limits set forth in SRC 300.850, or an extension is granted pursuant to SRC 300.850(b).

(Prior Code, § 205.015; Ord. No. 31-13)

(a)

Applicability. No manufactured dwelling park or mobile home park existing as of July 2, 2001, shall be subdivided without receiving tentative manufactured dwelling park subdivision plan approval as set forth in this section.

(b)

Procedure type. A tentative manufactured dwelling park subdivision plan is processed as a Type II procedure under SRC chapter 300.

(c)

Submittal requirements. In addition to the submittal requirements for a Type II application under SRC chapter 300, an application for tentative manufactured dwelling park subdivision plan shall include the information required in SRC 205.030.

(d)

Criteria. A tentative manufactured dwelling park subdivision plan shall be approved if all of the following criteria are met:

(1)

The manufactured dwelling park proposed to be subdivided is in compliance with the development standards for manufactured dwelling parks or a mobile home parks applicable at the time the park was approved, or the park is a nonconforming use. For purposes of this subsection, a park is in compliance if the City did not issue a written notice of noncompliance prior to July 2, 2001.

(2)

The tentative manufactured dwelling parking subdivision plan does not increase or decrease the number of lots, as defined in ORS 446.003, approved for the park, change the external boundary lines or setback requirements, or make other development changes; provided, however, the tentative manufactured dwelling park subdivision plan may provide for a reduction in the number of lots if the reduction involves only lots that have never been used for the placement of manufactured dwellings.

(3)

The tentative manufactured dwelling park subdivision plan restricts the use of lots in the subdivision to the installation of manufactured dwellings, and restricts any other property in the subdivision to use as common property, as defined in ORS 94.550, or for public purposes.

(4)

The applicant has recorded with the county the waiver of right to remonstrance required under ORS 92.835.

(5)

The tentative manufactured dwelling park subdivision plan is in compliance with the applicable requirements of ORS 92.010 to 92.179.

(e)

Conditions of approval. Notwithstanding SRC 300.820, the Review Authority may only impose conditions on the approval of a tentative manufactured dwelling park subdivision plan that:

(1)

Were conditions of the original manufactured dwelling park approval; and

(2)

Are required by ORS 92.830 to 92.845.

(f)

Expiration. Tentative manufactured dwelling park subdivision plan approval shall expire as provided in SRC 300.850, unless an application for final plat is submitted within the time limits set forth in SRC 300.850, or an extension is granted pursuant to SRC 300.850(b).

(Prior Code, § 205.020; Ord. No. 31-13)

(a)

Applicability. A replat is required to reconfigure lots or parcels and public easements in a recorded partition or subdivision plat, to increase or decrease the number of lots in a subdivision, or where multiple property line adjustments require a replat. No replat shall occur without receiving tentative replat approval as set forth in this section.

(b)

Procedure type. A tentative replat is processed as a Type II procedure under SRC chapter 300.

(c)

Submittal requirements. In addition to the submittal requirements for a Type II application under SRC chapter 300, an application for tentative replat shall include the information required in SRC 205.030. If the replat will vacate any easement, the tentative replat plan shall show the easement proposed to be vacated.

(d)

Criteria. A tentative replat shall be approved if all of the following criteria are met:

(1)

The tentative replat does not propose to vacate any public street or road, or any recorded covenants or restrictions.

(2)

The tentative replat will not create nonconforming units of land or non-conforming development, or increase the degree of nonconformity in existing units of land or development.

(3)

The tentative replat complies with the standards of this chapter and with all applicable provisions of the UDC.

(4)

The tentative replat complies with all applicable provisions of ORS ch. 92.

(5)

The tentative replat is not prohibited by any existing City land use approval or previous condition of approval, affecting one or both of the units of land.

(6)

The tentative replat does not adversely affect the availability of, or access to, city infrastructure or public or private utilities or streets.

(e)

Notice to utilities. When a utility easement is proposed to be realigned, reduced in width, or eliminated by a replat, notice of the tentative replat application shall be mailed as provided in SRC 300.520(b)(1) to all affected utility companies or public agencies. Any utility company that desires to maintain an easement that would be realigned, reduced in width, or eliminated by a proposed replat must notify the Director in writing within 14 days of the mailing date of the notice. If an objection to the realignment, reduction in width, or elimination of an easement is received within the 14-day period, the utility easement shall not be realigned, reduced in width, or eliminated.

(f)

Expiration. Tentative replat approval shall expire as provided in SRC 300.850, unless an application for final plat is submitted within the time limits set forth in SRC 300.850, or an extension is granted pursuant to SRC 300.850(b).

(Prior Code, § 205.025; Ord. No. 31-13)

Applications to subdivide, partition, or replat land shall include, in addition to the submittal requirements under SRC chapter 300, the following:

(a)

A tentative plan map, of a size and form and in the number of copies meeting the standards established by the Director, containing the following information:

(1)

A title block on each sheet indicating the proposed subdivision or phased subdivision name, or, if available, the partition number; the names and addresses of the landowner; the names and addresses of the professional engineers or surveyors responsible for preparing the plan; date; and township, range and section of the subject property;

(2)

Scale and north arrow;

(3)

The location of all property lines within 50 feet of the perimeter of the subject property;

(4)

The boundaries, dimensions, and area of each proposed lot or parcel;

(5)

The location, width, and names of all existing streets, flag lot accessways, and public accessways abutting the perimeter of the subject property;

(6)

The location, width, curve radius, grade, and names of all proposed streets, flag lot accessway, and public accessways;

(7)

The location of all existing and proposed easements;

(8)

The location, dimensions, and use of all existing and proposed public areas, including, but not limited to, stormwater management facilities and detention facilities;

(9)

The location, dimensions, and use of any existing buildings and structures on the subject property, indicating which will remain and which will be removed;

(10)

The location of any canals, ditches, waterways, detention facilities, sewage disposal systems, and wells on the subject property, indicating which will remain and which will be removed or decommissioned;

(11)

The location of any natural topographic features on the subject property, including, but not limited to, creeks, drainage ways as shown on the most recent USGS maps, wetlands as shown on the Local Wetland Inventory, and floodplains; and

(12)

For subdivisions and phased subdivisions, site topography shown at five-foot contour intervals, or two-foot contour intervals for areas within a floodplain;

(b)

A current title report for the property;

(c)

A completed tree inventory on a form as provided by the Director accurately identifying all existing trees on the property as of the date of application submittal and, if required under SRC chapter 808, a tree conservation plan;

(d)

A geological assessment or geo-technical report, if required by SRC chapter 810;

(e)

A description of the proposed stormwater management system, including pre and post construction conditions, prepared in accordance with the Public Works Design Standards;

(f)

A schematic plan showing the location of existing and proposed city infrastructure;

(g)

A preliminary grading plan, for partitions, subdivisions, and phased subdivisions, when grading of the subject property will be necessary to accommodate the proposed development;

(h)

For residentially zoned property, where the partition or subdivision will result in a lot or parcel that is one-half acre or larger, a plan for the lot or parcel showing the location of lot or parcel lines and other details of layout, and demonstrating that future further division of the lot or parcel may readily be made without violating the development standards of the UDC and without interfering with the orderly extension and connection of adjacent streets.

(i)

For partitions of property located more than 300 feet from an available sewer main, and the property will not connect to City water and sewer, a plan showing:

(1)

The location of lot lines and other details of layout demonstrating that the further division and full development of the property to the urban densities allowed by the comprehensive plan may readily be made in conformance with the development standards of the UDC, and without interfering with the orderly extension and connection of adjacent streets.

(2)

The approximate location of city infrastructure following full development to the urban densities allowed by the comprehensive plan.

(j)

For subdivisions and phased subdivisions:

(1)

A completed trip generation estimate on forms provided by the City;

(2)

A traffic impact analysis, if required under SRC chapter 803; and

(3)

A statement from the County Surveyor approving the name of the subdivision or phased subdivision.

(k)

For a subdivision of RA- or RS-zoned property that is at least ten acres in size, that includes or abuts a planned or existing collector or minor arterial street, and that is located at least one-quarter from all commercial, mixed-use, and neighborhood hub zones; the tentative plan shall designate the lots where neighborhood hub uses are allowed.

(l)

For a subdivision of RA- or RS-zoned property that is at least five acres in size; the tentative plan shall designate the lots where middle housing will be developed to meet density requirements.

(m)

For any land division creating residential flag lots after November 28, 2022, the tentative plan shall identify the number of units that will be developed on each lot served by the flag lot accessway.

(Prior Code, § 205.030; Ord. No. 31-13; Ord. No. 6-19, § 1(Exh. A), 6-24-2019, eff. 7-24-2019; Ord. No. 13-21, § 1(Exh. A), 2-14-2022; Ord. No. 11-22, § 1(Exh. A), 7-25-2022, eff. 8-24-2022; Ord. No. 22-22, § 1(Exh. A), 11-28-2022)

(a)

Applicability. No final plat of a partition, subdivision, phased subdivision, manufactured dwelling park subdivision, replat, or middle housing land division shall be recorded without receiving final plat approval as set forth in this section.

(b)

Procedure. Final plats are exempt from the procedures of SRC chapter 300, and shall instead follow the procedures set forth in this section. Final plats shall be reviewed by the City prior to recording with county. Applications for final plat shall be submitted prior to expiration of tentative plan approval.

(c)

Criteria. A final plat shall be approved if all of the following criteria are met:

(1)

The final plat is in substantial conformance with the approved tentative plan or tentative replat.

(2)

For phased subdivisions in commercial and industrial zones, unless the divergence from the tentative plan would require a modification of any condition of approval, the final plat for each phase may diverge from the tentative plan and still be in substantial conformance with the approved tentative plan for that phase if there is:

(A)

A decrease or increase in the number of lots within the particular phase;

(B)

A change in the location or width of public rights-of-way within the specific phase; provided, however, the change does not materially affect connectivity, does not increase or decrease the number of connections to streets set forth in the tentative plan, does not change the point of connection with existing or planned streets, and does not change the street designation from one classification to another;

(C)

A change in the location or width of a public utility easement, so long as the change does not adversely affect connectivity with constructed or planned utilities;

(D)

A decrease in the number of phases; or

(E)

An increase or decrease in the area of a specific phase.

(F)

If the approval of a final plat for a specific phase requires the change of a boundary of a subsequent phase, or a change to the conditions of approval, the tentative plan shall be modified to reflect the changes.

(3)

The final plat complies with all applicable provisions of ORS ch. 92.

(4)

Conditions of approval imposed on the tentative plan or tentative replat have been met;

(5)

The final plat dedicates, free and clear of all liens and encumbrances and without any reservation or restriction other than reversionary rights upon vacation, all City infrastructure, if such dedication is required by the UDC or as a condition of approval;

(6)

Any easement to be granted to the City on the final plat conforms to the standards listed in SRC 205.080;

(7)

The Public Works Director has certified that:

(A)

All required City infrastructure and private improvements are completed and approved; or

(B)

The owner of the property subject to the final plat has executed and filed with the City an improvement agreement, requiring all City infrastructure and private improvements to be completed within 18 months of the final plat approval. The improvement agreement shall be accompanied by a performance guarantee as provided in SRC 110.100. Upon request, the improvement agreement shall be extended for an additional 18-month period if the performance guarantees are modified, if necessary, to reflect any change in cost of construction. The improvement agreement shall state that, should all improvements not be completed within the term of the improvement agreement or its extension, the City may pursue any and all remedies available to it, including, but not limited to, those set forth in SRC 110.100; or

(C)

If applicable, the owner has entered into a fee-in-lieu of construction agreement pursuant to SRC 200.400 through 200.420.

(d)

Approval or rejection of final plat.

(1)

If the Director finds that the final plat does not meet the approval criteria set forth in subsection (c) of this section, the Director shall notify the applicant of the deficiencies and afford the applicant opportunity to comply. Rejection of a final plat does not affect tentative plan or tentative replat approval.

(2)

If the Director finds that the final plat meets the approval criteria set forth in subsection (c) of this section, the Director shall endorse approval on the final plat, and the applicant may process and record the final plat.

(e)

Recording of final plat. The approved final plat shall be recorded within ten years of the effective date of the tentative plan or tentative replat approval. No building permits for development of lots or parcels shall be issued until the final plat is recorded.

(f)

Operation and maintenance of facilities and common property. Where facilities and common property, including, but not limited to, private streets, parking areas, privately owned pedestrian walkways and bikeways, and landscape strips, are included within the development, the recorded covenants, conditions, and restrictions for the development shall include a provision that such facilities and common property be perpetually operated and maintained by a property owners' association. Each property owner shall be a member of the property owners' association. The association shall have the power to levy and assess against privately owned property in the development all necessary costs for operation and maintenance of such facilities and common property. The documents creating such association shall be approved by the Director.

(g)

Operation and maintenance of flag lot accessways. Where a flag lot accessway serving more than one lot or parcel is included within a development, reciprocal and irrevocable access rights for all lots or parcels served by the flag lot accessway shall be included on the final plat and in the deeds for the individual lots or parcels. Maintenance of the flag lot accessway shall be shared between the owners of the properties served by the flag lot accessway and an agreement requiring maintenance of the flag lot accessway shall be recorded in the deeds for the individual lots or parcels.

(Prior Code, § 205.035; Ord. No. 31-13; Eng. Ord. No. 15-18, § 5, 8-27-2018, eff. 9-26-2018; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

For partitions of residentially zoned property, when the area of a proposed partition is such that it can be further divided resulting in four or more lots or parcels, the development standards applicable to subdivisions set forth in SRC chapter 803 shall apply. Any improvements resulting from the application of such standards to the proposed partition shall be constructed, or the applicant shall enter into a deferral agreement which shall be attached to all property within the partition.

(Prior Code, § 205.040; Ord. No. 31-13)

Conservation lots or parcels are lots or parcels that are created as part of a partition, subdivision, phased subdivision, manufactured dwelling park subdivision, or replat for the purpose of preservation and management of significant natural resources through the sale or transfer to a public agency or a nonprofit entity. As used in this section, significant natural resources include, but are not limited to, areas of wildlife habitat, riparian areas, areas of sensitive ecological areas, or areas that contain rare or endangered species. Conservation lots or parcels proposed as part of a partition, subdivision, phased subdivision, manufactured dwelling park subdivision, or replat shall be approved subject to the following:

(a)

A conservation lot or parcel shall be primarily undeveloped and in a natural state.

(b)

A conservation lot or parcel shall have no minimum standards for lot area, width, depth, or frontage.

(c)

A conservation lot or parcel shall be designated as such on the tentative plan and the final plat.

(d)

The deed conveying the conservation lot or parcel shall contain a covenant that requires long-term preservation and management of the lot or parcel as a significant natural resource.

(Prior Code, § 205.045; Ord. No. 31-13)

An expedited land division, as defined by ORS 197.360(1), provides an alternative to the standard review procedures for land divisions set forth in SRC chapter 300. When an applicant requests an expedited land division, the application shall be processed as provided in ORS 197.360 through ORS 197.380, in lieu of the procedures set forth in SRC chapter 300.

(Prior Code, § 205.050; Ord. No. 31-13)

(a)

Applicability. If land developed or proposed to be developed for middle housing is proposed to be partitioned or subdivided so that each dwelling unit will be located on its own separate lot, the partition or subdivision shall be processed as a middle housing land division pursuant to this section, in-lieu of the standards and procedures otherwise applicable to partitions and subdivisions included under this chapter.

(b)

Procedure type. Unless an applicant requests that the application be reviewed under the procedures set forth in SRC chapter 300, a middle housing land division shall be processed as provided under ORS 197.360 through ORS 197.380, in-lieu of the procedures set forth in SRC chapter 300. If an applicant requests review of a middle housing land division under the procedures set forth in SRC chapter 300, the application shall be processed as a Type II procedure under SRC chapter 300.

(c)

Submittal requirements. An application for a middle housing land division shall include the following:

(1)

The information required under SRC 300.210;

(2)

A site plan for the middle housing development as it relates to the existing lot, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:

(A)

Scale and north arrow;

(B)

The boundaries, dimensions, and area of the lot;

(C)

The location, width, and names of all existing streets, flag lot accessways, and public accessways abutting the perimeter of the lot;

(D)

The location, width, curve radius, grade, and names of all proposed streets, flag lot accessways, and public accessways;

(E)

The location and use of all existing and proposed buildings and accessory structures on the lot, indicating the distance of such buildings and accessory structures to all property lines and adjacent on-site structures and identification of any that will be removed;

(F)

The location of all existing and proposed off-street parking and vehicle use areas;

(G)

Identification of vehicle, pedestrian, and bicycle parking and circulation areas, including handicapped parking stalls, disembarking areas, accessible routes of travel, and proposed ramps.

(H)

Driveway locations, bike paths, transit stops, sidewalks, and other bike and pedestrian pathways, curbs, and easements;

(I)

The location, height, and material of fences, berms, walls, and other existing and proposed screening;

(J)

The size and location of solid waste and recyclables storage and collection areas, and amount of overhead clearance above such enclosures, if included in the proposed development;

(K)

The location of all existing trees and vegetation required to be protected under SRC chapter 808; and

(L)

The location of all existing and proposed street trees required under SRC chapter 86;

(3)

A tentative plan map for the middle housing development as it relates to the proposed lots, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:

(A)

A title block on each sheet indicating the names and addresses of the landowner; the names and addresses of the professional engineers or surveyors responsible for preparing the plan; the date; and the township, range, and section of the subject property;

(B)

Scale and north arrow;

(C)

The location of all property lines within 50 feet of the perimeter of the subject property;

(D)

The boundaries, dimensions, and area of each proposed lot;

(E)

The location, width, and names of all existing streets, flag lot accessways, and public accessways abutting the perimeter of the subject property;

(F)

The location, width, curve radius, grade, and names of all proposed streets, flag lot accessways, and public accessways;

(G)

The location and use of all buildings and accessory structures that will be located on each proposed lot, indicating the distance of such buildings and accessory structures to proposed lot lines and to adjacent structures on abutting lots;

(H)

The location of all existing and proposed easements necessary to serve the development;

(I)

The location, dimensions, and use of all existing and proposed public areas, including, but not limited to, stormwater management facilities and detention facilities;

(J)

The location of any canals, ditches, waterways, detention facilities, sewage disposal systems, and wells on the subject property, indicating which will remain and which will be removed or decommissioned;

(K)

The location of any natural topographic features on the subject property, including, but not limited to, creeks, drainage ways as shown on the most recent USGS maps, wetlands as shown on the Local Wetland Inventory, and floodplains; and

(L)

For middle housing land divisions proposing the creation of four or more lots, site topography shown at five-foot contour intervals, or two-foot contour intervals for areas within a floodplain;

(4)

A current title report for the property;

(5)

A completed tree inventory on a form as provided by the Director and, if required under SRC chapter 808, a tree conservation plan;

(6)

A geological assessment or geo-technical report, if required by SRC chapter 810, or a certification from an engineering geologist or a geotechnical engineer that landslide risk on the site is low, and that there is no need for further landslide risk assessment;

(7)

A preliminary grading plan depicting proposed site conditions following completion of the proposed development, when grading of the subject property is necessary to accommodate the proposed development.

(8)

A utility plan showing the location of existing and proposed city infrastructure;

(9)

A description of the proposed stormwater management system, including pre and post construction conditions, prepared in accordance with the Public Works Design Standards;

(10)

A completed trip generation estimate on forms provided by the City;

(11)

A traffic impact analysis, if required under SRC chapter 803; and

(12)

A statement from the County Surveyor approving the name of the subdivision, for middle housing land divisions proposing the creation of four or more lots.

(d)

Criteria. The tentative plan of a middle housing land division shall be approved if all of the following criteria are met:

(1)

The middle housing land division is for an existing or proposed middle housing development.

(2)

The existing or proposed middle housing development complies with the Oregon residential specialty code and all applicable standards of the UDC, including, but not limited to, the following, as those standards apply to the existing lot prior to division:

(A)

Lot standards, including, but not limited to, standards for lot area, lot width and depth, lot frontage, and designation of front and rear lot lines;

(B)

City infrastructure standards; and

(C)

Any special development standards, including, but not limited to, floodplain development, special setbacks, geological or geotechnical analysis, and vison clearance.

(3)

The existing or proposed middle housing development will comply with the applicable provisions of the Building Code and the Oregon residential specialty code, as those standards apply to the buildings and accessory structures on the proposed lots subsequent to division.

(4)

The street(s) abutting the middle housing land division conform to the Salem Transportation System Plan.

(5)

The tentative plan results in exactly one dwelling unit on each proposed lot, except for lots or tracts used as common areas.

(6)

Separate utilities are provided for each dwelling unit.

(7)

All access and utility easements necessary to serve each dwelling unit are provided on the tentative plan for:

(A)

Locating, accessing, servicing, and replacing all utilities;

(B)

Pedestrian access from the primary entrance of each dwelling unit to a public or private street;

(C)

Any driveways or off-street parking;

(D)

Any common use areas or shared building elements; and

(E)

Any common area.

(8)

The type of middle housing on the existing lot is not altered by the proposed middle housing land division.

(e)

Conditions of approval. Notwithstanding SRC 300.820, conditions may not be placed on the approval of a middle housing land division except to:

(1)

Prohibit further division of the resulting lots;

(2)

Prohibit the construction of an accessory dwelling unit on any of the resulting lots;

(3)

Require dedication of right-of-way when an existing street abutting the property does not conform to the requirements of SRC 803.025(a);

(4)

Require boundary street improvements when an existing street abutting the property does not conform to the requirements of SRC 803.025(b); and

(5)

Require a notation on the final plat indicating that the approval of the land division was given under ORS 92.031.

(f)

Expiration. Tentative plan approval for a middle housing land division shall expire as provided in SRC 300.850, unless a final plat is approved within the time limits set forth in SRC 300.850.

(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

(a)

Applicability. A property line adjustment is required to relocate or eliminate all or a portion of a common property line between two abutting units of land that were lawfully established, as defined by ORS 92.010(3)(a), or to incorporate into another unit of land, as provided by ORS 92.010(9)(e), excess right-of-way that was acquired for street or other right-of-way purposes and subsequently sold by a public body. Property line adjustments shall not be used to create an additional unit of land, or to create units of land that are non-conforming. No property line shall be relocated or eliminated without property line adjustment approval as set forth in this section.

(b)

Procedure type. A property line adjustment is processed as a Type I procedure under SRC chapter 300.

(c)

Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a property line adjustment shall include:

(1)

A copy of recorded deeds for the existing units of land;

(2)

A site plan, drawn to scale, indicating:

(A)

The dimensions and areas of the units of land before and after the proposed property line adjustment;

(B)

Setbacks, building separations, lot coverage, vehicular access, and public and private utilities;

(3)

Proof of ownership including, but not limited to, a preliminary title report not older than 30 days for each affected property at the time the application is submitted;

(4)

Any additional documents required to establish that the unit(s) of land were legally created;

(5)

A copy of the draft property line adjustment deed(s), in a form approved by the Director, containing:

(A)

The names of the owners;

(B)

Legal descriptions of the adjusted property(ies) and the transacted property prepared and sealed by an Oregon-registered Professional Land Surveyor;

(C)

References to original recorded deeds including the creation date and instrument used to lawfully establish each unit of land; and

(D)

A place for the signatures of all parties, along with proper notary acknowledgment.

(d)

Criteria. A property line adjustment shall be approved if all of the following criteria are met:

(1)

The property line adjustment will not create an additional unit of land;

(2)

The property line adjustment will not create nonconforming units of land or nonconforming development, or increase the degree of nonconformity in existing units of land or existing development;

(3)

The property line adjustment involves only units of land that were lawfully established, where the instruments creating the units of land have been properly recorded, or the property line adjustment involves the incorporation of excess right-of-way, acquired for street or other right-of-way purposes and subsequently sold by a public body, into a unit of land that was lawfully established;

(4)

The property line adjustment is not prohibited by any existing City land use approval, or previous condition of approval, affecting one or both of the units of land;

(5)

The property line adjustment does not involve the relocation or elimination of any public easement or right-of-way; and

(6)

The property line adjustment does not adversely affect the availability or access to public and private utilities or streets.

(e)

Monumentation recording.

(1)

Property line adjustments shall be surveyed, monumented, and recorded as required by state law. Prior to recording the record of survey map with the county:

(A)

The City Surveyor shall review the final property line adjustment deed document(s) and an updated preliminary title report, not older than 30 days from the date of the review, and certify that it:

(i)

Identifies the correct owners of each property;

(ii)

Identifies the grantor and grantee in the correct manner;

(iii)

Includes, when applicable, references to any easements of record:

(iv)

Includes a legal description(s) that:

(aa)

Accurately describes the adjusted property(ies) and the properties being conveyed;

(bb)

Contains bearing and distance calls that mathematically close; and

(cc)

Contain, when applicable, correct references to artificial and natural monuments along adjoining property(ies).

(v)

Correctly represents the areas in each legal description; and

(vi)

Complies with the requirements of state law.

(B)

The applicant shall record the final property line adjustment deed(s) document; and

(C)

The City Surveyor shall review the record of survey map to ensure:

(i)

That the record of survey map conforms with the property line adjustment deeds; and

(ii)

Compliance with state law and this section.

(f)

Expiration.

(1)

Property line adjustment approval shall expire as provided in SRC 300.850, unless the approved property line adjustment deed and record of survey map are recorded with the county.

(2)

Multiple property line adjustments processed according to subsection (e) of this section shall expire as provided in SRC 300.850 according to the expiration period specified for the required application.

(3)

Evidence demonstrating that the approved property line adjustment deed and record of survey map, when required under subsection (f) of this section, have been recorded with the county shall be provided to the Director.

(Prior Code, § 205.055; Ord. No. 31-13; Eng. Ord. No. 15-18, § 6, 8-27-2018, eff. 9-26-2018; Ord. No. 6-19, § 1(Exh. A), 6-24-2019, eff. 7-24-2019; Ord. No. 8-24, § 1(Exh. A), 9-23-2024)

(a)

Applicability. The purpose of this section is to provide a process whereby a unit of land unlawfully created may be lawfully established. This section shall only be used to validate units of land created before January 1, 2007. For purposes of this section:

(1)

A unit of land is unlawfully created if the unit of land was created through a sale that did not comply with the criteria applicable to the creation of the unit of land at the time of sale; and

(2)

A unit of land does not include a unit of land created solely to establish a separate tax account, a unit of land created by gift, or a unit of land created through any other method that is not considered a sale.

(b)

Procedure type. A validation of a unit of land is processed as a Type II procedure under SRC chapter 300.

(c)

Submittal requirements. In addition to the submittal requirements for a Type II application under SRC chapter 300, an application for the validation of a unit of land shall include the following information:

(1)

The recorded deed or land sales contract that created the unit of land;

(2)

For a unit of land unlawfully created within the City, a copy of the land division and zoning regulations applicable to the property at the time the unit of land was created;

(3)

For a unit of land unlawfully created outside the City, a written statement from the county identifying the zoning of the property at the time the unit of land was created and either:

(A)

A written statement from the county confirming the unit of land could have complied with the applicable criteria for creation of the unit of land in effect when it was created; or

(B)

A copy of the land division and zoning regulations applicable to the property at the time the unit of land was created; and

(4)

A plat prepared in accordance with SRC 205.035 and ORS 92.

(d)

Criteria. The validation of a unit of land shall be approved if the following criteria are met:

(1)

The unit of land is not a lawfully established unit of land;

(2)

The unit of land was created through sale by deed or land sales contract executed and recorded before January 1, 2007;

(3)

The unit of land could have complied with applicable criteria for the creation of the unit of land in effect when the unit of land was sold; and

(4)

The plat complies with SRC 205.035 and ORS 92.

(e)

Exception. Notwithstanding subsection (d)(3) of this section, the Review Authority may approve an application to validate a unit of land that was unlawfully created prior to January 1, 2007, if approval was issued for a permit to allow the construction or placement of a dwelling or other building on the unit of land after the sale.

(f)

Expiration; recording.

(1)

The validation of a unit of land shall expire as provided under SRC 300.850 unless the plat of the validated unit of land is recorded with the applicable county.

(2)

A copy of the recorded plat shall be provided to the Director within 30 days of the date of recording with the county.

(g)

Effect of validation of unit of land. Development or improvement of a unit of land validated pursuant to this section must comply with all applicable requirements of the UDC in effect at the time a complete application for development or improvement of the unit of land is submitted.

(Prior Code, § 205.060; Ord. No. 31-13; Ord. No. 6-19, § 1(Exh. A), 6-24-2019, eff. 7-24-2019)

Editor's note— Ord. No. 13-21, § 1(Exh. A), adopted Feb. 14, 2022, repealed former § 205.065 which pertained to property boundary verification, and derived from Prior Code, § 205.065; and Ord. No. 31-13.

(a)

Applicability.

(1)

The approval of a tentative partition plan, tentative subdivision plan, tentative phased subdivision plan, tentative manufactured dwelling park subdivision plan, or tentative replat may be modified after its effective date if the proposed modification meets the criteria set forth in this section. Modifications that do not meet the criteria in this section require submittal of a new application for tentative partition plan, tentative subdivision plan, tentative phased subdivision plan, tentative manufactured dwelling park subdivision plan, or tentative replat.

(2)

When a modification is proposed to the conditions of approval of a subdivision designating lots for neighborhood hub uses or middle housing dwelling units, the conditions of approval may be modified after the effective date of the decision or after the recording of the final plat if the proposed modification meets the criteria set forth in this section. An application to modify such conditions may be submitted independently or the modifications may be included in an application with other modification requests.

(b)

Procedure type.

(1)

Modifications of only the conditions of approval of a subdivision designating lots for neighborhood hub uses or middle housing dwelling units are processed as a Type I procedure under SRC chapter 300.

(2)

All other modifications pursuant to this section are processed as a Type II procedure under SRC chapter 300.

(c)

Submittal requirements.

(1)

In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for modification of only the conditions of approval of a subdivision designating lots for neighborhood hub uses or middle housing dwelling units shall include the following:

(A)

For an application modifying a condition of approval designating lots for neighborhood hub uses, a copy of the approved subdivision plan identifying:

(i)

All of the lots within the subdivision currently required to be designated for neighborhood hub uses; and

(ii)

The proposed alternative lots within the subdivision that will be designated for neighborhood hub uses.

(B)

For an application modifying a condition of approval designating lots for middle housing dwelling units, a copy of the approved subdivision plan identifying:

(i)

All of the lots within the subdivision currently required to be designated for middle housing dwelling units and the corresponding number of middle housing dwelling units required on each lot; and

(ii)

The proposed alternative lots within the subdivision that will be designated for middle housing dwelling units, the corresponding number of middle housing dwelling units proposed for each of those lots, and any proposed changes to the required number of middle housing dwelling units on any of the remaining lots.

(2)

In addition to the submittal requirements for a Type II application under SRC chapter 300, an application for all other modifications pursuant to this section shall include:

(A)

The following, for the specific type of application being modified:

(i)

For modification of a tentative partition plan approval, the information required under SRC 205.005(c).

(ii)

For modification of a tentative subdivision plan approval, the information required under SRC 205.010(c).

(iii)

For modification of a tentative phased subdivision plan approval, the information required under SRC 205.015(c).

(iv)

For modification of a tentative manufactured dwelling park subdivision plan approval, the information required under SRC 205.020(c).

(v)

For modification of a tentative replat approval, the information required under SRC 205.025(c).

(B)

For any modification to the tentative plan approval of a subdivision that also includes a modification to a condition of approval designating lots within the subdivision for neighborhood hub uses or middle housing dwelling units, the information required under subsection (c)(1)(A) and subsection (c)(1)(B) of this section.

(d)

Criteria.

(1)

An application for modification of only the conditions of approval of a subdivision designating lots for neighborhood hub uses or middle housing dwelling units shall be approved if the following criteria are met:

(A)

The proposed modification does not reduce the number of lots within the subdivision designated for neighborhood hub uses below the minimum required number of lots and the alternative designated lots conform to the location and lots standards of the UDC; and

(B)

The proposed modification does not reduce the number of dwelling units within the subdivision below the minimum required dwelling unit density; does not reduce the number of middle housing dwelling units within the subdivision below the minimum required percentage of middle housing dwelling units; and the lots where the required middle housing dwelling units will be located conform to the applicable standards of the UDC.

(2)

An application for all other modifications pursuant to this section shall be approved if the following criteria are met:

(A)

The proposed modification does not substantially change the original approval;

(B)

The proposed modification will not result in significant changes to the physical appearance of the development, the use of the site, and the impacts on surrounding properties; and

(C)

For applications that also include a modification to a condition of approval designating lots within the subdivision for neighborhood hub uses or middle housing dwelling units:

(i)

The proposed modification does not reduce the number of lots within the subdivision designated for neighborhood hub uses below the minimum required number of lots and the alternative designated lots conform to the location and lots standards of the UDC; and

(ii)

The proposed modification does not reduce the number of dwelling units within the subdivision below the minimum required dwelling unit density; does not reduce the number of middle housing dwelling units within the subdivision below the minimum required percentage of middle housing dwelling units; and the lots where the required middle housing dwelling units will be located conform to the applicable standards of the UDC.

(e)

Expiration.

(1)

An application for modification of only the conditions approval of a subdivision designating lots for neighborhood hub uses or middle housing dwelling units has no affect upon the expiration period of the original subdivision approval.

(2)

The effect of all other modifications pursuant to this section upon the expiration period of the original approval, if any, shall be established in the modification decision.

(Prior Code, § 205.070; Ord. No. 31-13; Ord. No. 6-19, § 1(Exh. A), 6-24-2019, eff. 7-24-2019; Ord. No. 11-22, § 1(Exh. A), 7-25-2022, eff. 8-24-2022)

(a)

Purpose. This section is intended to memorialize the terms and conditions applicable to public utility easements and easements granted, dedicated, or otherwise conveyed to the City of Salem on plats. The purpose of this section is to describe the rights attendant to a grant of an easement at law. This section should not be interpreted to restrict any existing right granted at law but not described herein.

(b)

Applicability. All easements created for the benefit of the City or a public utility on any final plat shall conform to the standards set out in this section. The terms contained in this section shall be used to interpret all easements granted to the City of Salem or public utility on plats. The area within the easements identified on the plats is referred to as the easement area in this section.

(c)

Definitions.

(1)

Public utility shall refer to any entity as described in SRC 35.010.

(2)

Stormwater/stormwater utility shall refer to any storm drain or drainage facilities and appurtenances.

(3)

Wastewater/wastewater utility shall refer to any sanitary sewer, sewage, or industrial waste facilities and appurtenances.

(4)

Water/water utility shall refer to any domestic water facilities and appurtenances.

(d)

Notation on plat. A notation shall be made on any final plat containing easements to be granted, dedicated, or otherwise conveyed to the City of Salem as follows: "All easements granted or conveyed to the City by this plat are to be governed by the terms and conditions found in SRC 205.080."

(e)

General terms. The following terms are applicable to all easements governed by this section.

(1)

Indemnification. To the extent permitted by the Oregon Constitution and the Oregon Tort Claims Act, Grantee will indemnify and hold harmless Grantor, its heirs, and assigns, from claims for injury to person or property as a result of the negligence of Grantee, its agents, or employees in the use of the permanent easement, unless caused by Grantor's negligent or willful conduct or Grantor's failure to fulfill any duty owed to another.

(2)

Restoration. Grantee, upon the initial construction and upon each and every occasion that the easement is used, shall restore the premises of Grantor, and any improvements disturbed by Grantee, to as good a condition as they were prior to any such installation or work, including the restoration of pavements, gravel areas, topsoil, and lawn.

(3)

Hazardous substances. Grantee assumes no liability for any hazardous waste on or from this Property. Grantor, its successors and assigns, shall indemnify and hold harmless the Grantee, its officers, employees, and agents against any and all liabilities, damages, penalties, losses, claims, demands, actions, suits, and judgments (including attorney fees and costs), and any costs or expenses incurred resulting from the presence of hazardous waste onto or from the easement area, including any and all costs associated with clean-up or remediation that may be required. This provision shall not apply to a release of hazardous waste onto or from the easement area caused by the officers, employees, or agents of Grantee. Any action taken pursuant to this provision shall not constitute an admission of liability or waiver of any defenses to liability. "Hazardous waste" has the same meaning as provided in ORS 466.005(7).

(4)

No waiver or abandonment of Grantee's rights. Failure of Grantee to exercise its rights under this easement in the event of any breach of any term of this easement by the Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this easement or of any of Grantee's rights under this easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by the Grantor shall impair such right or remedy or be construed as a waiver. No delay by or failure of Grantee to exercise its rights under this easement shall be construed as abandonment of the easement by Grantee.

(5)

Easement to run with the land. This easement, and the covenants and agreements contained in this easement, shall run with the land and inure to the benefit of and be binding and obligatory upon the heirs, executors, administrators, successors, and assigns of the respective parties.

(f)

Terms applicable to City and public utility easements. The following terms are applicable to all City and public utility easements governed by this section.

(1)

Rights granted to City and public utilities by easement. City easements and public utility easements governed by this subsection shall include the right, privilege, and authority of Grantee and such public utilities to:

(A)

Excavate for, and to construct, build, install, lay, inspect, operate, maintain, repair, replace, add to, and remove underground wastewater, stormwater, or water pipelines; electric power, transmission, and supply cables; natural gas pipelines; and cable television and communication lines and make excavations therefor from time to time, in, under, and through the above-described premises, together with all appurtenances incident to or necessary for the above described facilities, including but not limited to aboveground valve or junction boxes, fire hydrants, and manholes;

(B)

Authorize third parties to access and use the easement area for the purpose of connecting to the City or public utility-owned facilities located thereon;

(C)

Remove from the easement area any vegetation, buildings, structures, fences, fill, or other materials or obstructions, or appurtenances attached to or connected therewith, for any reason; and

(D)

The right of ingress and egress in, under, over, across, and through the easement area at any and all times for any purpose. Grantor shall at all times upon reasonable notice from Grantee remove any surface obstructions or open gates which would otherwise prevent ingress or egress by Grantee. Grantee shall not be responsible for costs associated with the removal or replacement of surface obstructions placed in the easement area by the Grantor.

(2)

Certain Grantor activities within easement prohibited. The Grantor is prohibited from engaging in any activity within the easement area, or use of the easement area, or allowing another to engage in or use the easement area, in any manner inconsistent with the purposes of this easement or detrimental to the Grantee's use of the easement, including but not limited to:

(A)

Excavation or the placement of fill or material that would serve as an embankment in the easement area without the prior express written consent of Grantee.

(B)

Placing, installing, or constructing any buildings, structures, fences, fill, plantings, or other materials or obstructions without the prior express written consent of Grantee.

(C)

Should such written consent be given, Grantee will set forth the conditions under which such activity may take place, including a stipulation that all risks of damage to the City, public infrastructure or public utility shall be assumed by Grantor, its successors, or assigns.

(3)

Encroachments into City easements. The Director of Public Works is authorized to issue a permit to allow the owner of the property subject to the easement to encroach into a City easement at the property owner's risk and subject to the following conditions:

(A)

Proper plans and specifications for the proposed encroachment are submitted to the Public Works Department.

(B)

The encroachment complies with the applicable codes of the City with regard to structural safety, traffic, sanitation, and fire safety requirements.

(C)

The request is evaluated by the Director in regard to any adverse effect on adjoining property.

(D)

There is no interference with the use of the public street for roadway, sidewalk, existing or proposed utilities, and other authorized uses.

(E)

The encroachment will be maintained in good order.

(F)

The permit shall be revocable and when requested to do so by the Council or other public authority having jurisdiction, the owner will remove the encroachment at the owner's expense.

(G)

The owner will hold the City and all its officers harmless on account of the encroachment.

(H)

The form of the permit shall be approved by the City Attorney.

(I)

A fee for the permit shall be charged as prescribed by Council.

(g)

Terms applicable to drainage easements. The following terms are applicable to all drainage easements governed by this section:

(1)

Rights granted to City by easement. Drainage easements governed by this subsection shall include the right, privilege, and authority of Grantee to:

(A)

Construct, build, excavate, install, patrol, operate, maintain, repair, replace, and inspect a drainage facility or facilities within said easement area, with all appurtenances incident thereto or necessary therewith, for the purpose of carrying, detaining, conveying, cleaning, or protecting water, and for similar uses in, under, over, across, and through the easement area. As used herein, drainage facility includes natural drainage facilities, constructed drainage facilities, and any combination thereof;

(B)

Plant, install, establish, maintain, remove, and replace vegetation as necessary within the easement area;

(C)

Remove from the easement area any vegetation, buildings, structures, fences, fill, or other materials or obstructions, or appurtenances attached to or connected therewith, for any reason; and

(D)

The right of ingress and egress in, under, over, across, and through the easement area at any and all times for any purpose. Grantor shall at all times upon reasonable notice from Grantee remove any surface obstructions or open gates which would otherwise prevent ingress or egress by Grantee.

(2)

Activities prohibited of Grantor by easement. The Grantor is prohibited from engaging in any activity within the easement area, or use of the easement area, or allowing another to engage in or use the easement area, in any manner inconsistent with the purposes of this easement or detrimental to the Grantee's use of the easement, including but not limited to:

(A)

Excavation or the placement of fill or material that would serve as an embankment in the easement area without the prior express written consent of Grantee.

(B)

Placing, installing, or constructing any buildings, structures, fences, fill, plantings, or other materials or obstructions without the prior express written consent of Grantee.

(C)

Should such written consent be given, Grantee will set forth the conditions under which such activity may take place, including a stipulation that all risks of damage to the City infrastructure shall be assumed by Grantor, its successors, or assigns.

(h)

Terms applicable to access easements. The following terms are applicable to all access easements governed by this section.

(1)

Rights granted to City by easement. Access easements governed by this subsection shall include the right, privilege, and authority of Grantee to foot and vehicular ingress and egress over said above-described premises at any and all times for the purpose of initially constructing and subsequently inspecting, maintaining, or reconstructing facilities located within the limits of this permanent easement.

(2)

Duties imposed on Grantor by easement. Grantor shall at all times, upon reasonable notice from Grantee, remove any surface obstructions or open gates which would otherwise prevent the ingress or egress of vehicles to the easement area. Grantee shall not be responsible for costs associated with the removal or replacement of surface obstructions placed in the easement area.

(Eng. Ord. No. 15-18, § 7, 8-27-2018, eff. 9-26-2018)