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Yachats City Zoning Code

CHAPTER 9

56 APPROVAL AND GENERAL REQUIREMENTS OF PARTITIONS AND SUBDIVISIONS

§ 9.56.010 Approval of partitions and subdivisions.

A. 
No plat or replat of a partition or subdivision of land in Yachats shall be recorded or have any validity unless and until it has the approval of the Planning Commission or is appealed and subsequently approved by the City Council or by court action.
B. 
No person shall dispose of, transfer, sell or agree, offer or negotiate to sell any lot in any partition or subdivision which requires approval per City Code including Section 9.56.010(A) or by an ordinance or regulation adopted under ORS 92.044 and 92.048 until such approval is obtained from the City and the plat of that partition or subdivision recorded.
C. 
No person shall dispose of, transfer, sell or agree, offer or negotiate to sell any lot in any partition or subdivision by reference to or exhibition or other use of a plat (or plan) of such subdivision before the plat for such partition or subdivision has been so recorded.
(Ord. 73E § 6.010, 1992; Ord. 211, Amended, 01/15/1999; Ord. 296, Amended, 04/14/2011)

§ 9.56.020 General requirements and minimum standards of design and development for partitions and subdivisions.

The following are the minimum requirements and standards to which partitions and subdivisions must conform before approval:
A. 
Conformity to the Comprehensive Plan. All partitions and subdivisions shall conform with all adopted portions of the comprehensive plan, zoning ordinance and all other adopted plans. Major streets, parkways, parks and recreation areas, community and neighborhood facilities should be placed in approximately the same locations designated by the comprehensive plan.
B. 
Access. The partitioning and subdividing of land shall provide each lot or parcel, by means of a public or private road or street, satisfactory vehicular access to an existing street.
C. 
Relation to Adjoining Street System. A partition or subdivision shall provide for the continuation of the major and secondary streets existing in the adjoining subdivisions or partitions and for their proper projection when the adjoining property is not subdivided. If the Planning Commission adopts a plan for a neighborhood of which the partition or subdivision is a part, the partition or subdivision shall conform to such adopted neighborhood or area plan. If, in the opinion of the Planning Commission, topographic conditions make such continuation or conformity impractical, exceptions may be made.
When a tract is partitioned or subdivided into lots of an acre or more, the Planning Commission may require an arrangement of lots and streets such as to permit a later repartitioning or resubdivision in conformance with the street requirements and other requirements contained in these regulations.
D. 
Easements.
1. 
Where alleys are not provided, easements of not less than five feet in width shall be provided on each side of the rear line or side line for necessary utility lines, wires, conduits, storm and sanitary sewers, gas and water. Easements of the same or greater widths may be required along boundary lines or across lots or parcels where necessary for the extension of utility lines, waterways and walkways, and to provide necessary drainage ways or channels.
2. 
A private easement established without full compliance with these regulations may be approved by the Planning Commission provided it is the only reasonable method by which the rear portion of an unusually deep lot or parcel may be provided vehicular access.
E. 
Public Accessways. When necessary for public convenience and safety, the Planning Commission may require the land divider to dedicate to the public access ways 10 to 20 feet in width to connect to cul-de-sacs, to pass through oddly shaped or unusually long blocks, to provide for a network of public paths according to adopted plans or to provide access to schools, parks, beaches or other public areas, of such design and location as reasonably required to facilitate public use.
F. 
Lots and Parcels.
1. 
Every lot and parcel shall abut on a street and the frontage of each shall not be less than 25 feet, unless the Planning Commission grants otherwise.
2. 
Each side line shall be as close to perpendicular to the adjacent street line or radial to a curved street line as possible.
3. 
Lots or parcels with double frontage shall not be permitted unless, in the opinion of the Planning Commission, an odd shaped tract or existing topography makes such lot or parcel unavoidable.
4. 
Lot and parcel sizes and dimensions shall conform to the requirements for lot size and area of the zoning classification in which the partition or subdivision is located.
5. 
Lots and parcels under 25,000 square feet in area must not exceed a depth to width ratio of two and one-half (2.5) to one. Lots and parcels over 25,000 square feet in area must not exceed a depth to width ratio of three and one-half (3.5) to one.
G. 
"Performance Agreement." Performance Agreement means an irrevocable letter of credit, surety bond, or cash guaranteeing the satisfactory completion of a project by a developer.
If the developer desires to record the plat prior to completion and approval of all improvements required by the Planning Commission the Planning Commission may accept in lieu of the completion of improvements a performance agreement or bond. The performance agreement shall be executed with the City Council in accordance with the seven requirements described below.
1. 
Improvements. Improvements include all infrastructure, e.g. streets, water, sewer, storm drainage, pedestrian facilities, and any other improvements required as part of the tentative approval.
2. 
Performance Agreement Required. When a performance agreement is required the applicant shall file an assurance of performance with the City supported by one of the following:
a. 
An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon;
b. 
A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or
c. 
Cash.
3. 
Determination of Sum. The assurance of performance shall be for a sum determined by the City as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses.
4. 
Itemized Improvement Estimate. The developer shall furnish to the City an itemized cost estimate for each improvement, certified by a registered civil engineer, to assist the City in calculating the amount of the performance assurance.
5. 
Agreement. An agreement between the City and developer shall be recorded with the final plat that stipulates all of the following:
a. 
Specifies the period within which each required improvement and repair shall be completed, and how performance funds are released;
b. 
A provision that if work is not completed within the period specified, a time extension may be granted or the City may complete the work and recover the full cost and expenses from the applicant;
c. 
Stipulates the improvement fees and deposits that are required.
The agreement may be prepared by the City, or in a letter prepared by the applicant. It shall not be valid until it is signed and dated by both the applicant and the City.
6. 
If Developer Fails to Perform. If the developer fails to carry out all provisions of the agreement the City shall call on the performance agreement for completion of the project.
7. 
Termination of Performance Agreement. The developer shall not cause termination of nor allow expiration of the agreement without having first secured written authorization from the City.
H. 
Water. All lots in partitions or subdivisions shall be served by a public water system. No plat of a partition or subdivision shall be approved unless the City has received and accepted:
1. 
A certification by the City Water Director that water will be available from the nearest point of supply; or
2. 
A performance agreement, bond contract or other assurance that a water supply system will be installed by or on behalf of the subdivider to every lot or parcel depicted in the proposed partition or subdivision.
I. 
Sewer. No plat of a partition or subdivision shall be approved unless the City has received and accepted:
1. 
A certification by the City Sewer Director that sewage service will be available at the nearest point of collection; or
2. 
A performance agreement, bond, contract or other assurance that sewage disposal lines will be installed by or on behalf of the partitioner or subdivider to the boundary line of each and every lot or parcel depicted in the proposed partition or subdivision;
3. 
Where no sewerage service is available, the Department of Environmental Quality or county health department shall approve the proposed method of sewage disposal adequate to support the proposed use of the land for the partition or subdivision. A statement that no sewerage service is available and that the proposed method of sewage has been approved will be provided to the purchaser of each lot or parcel in the proposed partition or subdivision. A copy of any such statement signed by the partitioner or subdivider and endorsed by the Planning Commission chair shall be filed by the partitioner or subdivider with the real estate commissioner.
(Ord. 296, Amended, 04/14/2011; Ord. 317, Amended 09/12/2013)

§ 9.56.030 Additional requirements for subdivisions.

A. 
Private Streets.
1. 
Private streets shall provide access only to abutting lots. No street providing access to other streets or to areas not abutting such streets shall be approved as a private street.
2. 
At such time as a preliminary plan is proposed which includes private streets, all adjacent property owners shall be notified of such proposal and the time and place of the Planning Commission meeting.
3. 
Yard setbacks shall be determined from the road right-of-way or access easement line in instances where private roads are considered.
B. 
Blocks. No block shall be longer than 1,200 feet between street lines.
C. 
Parks and Open Space. The Planning Commission may require the subdivider to provide up to 5% of the subdivision area for park and recreation purposes. These areas shall be of a design and location acceptable to the Planning Commission, based on the suitability of the area for park and recreation purposes.
D. 
Partial Development. If a proposed subdivision area includes only part of the tract owned by the subdivider, the Planning Commission may require a sketch of the tentative layout of streets in the remainder of that tract.
E. 
Duplication of Names. The name of a tentative plan must not duplicate the name used in any other legally recorded subdivision in Lincoln County, except for the words "town," "city," "place," "court," "addition" or similar words, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that name or unless the party files and records the consent of the party that platted the subdivision bearing that name. All plats must continue the block numbers of the plat of the same name last filed.
O. 
Pedestrian Ways. Developments shall provide for safe, well-marked pedestrian ways that do not conflict with vehicular traffic.
(Ord. 73E § 6.020, 1992; Ord. 296, Amended, 04/14/2011)

§ 9.56.040 Partition procedure for dividing land.

A. 
Preliminary Discussion. Prior to preparing a preliminary plan of a partition for submission the owner should discuss the proposed division with city personnel. The developer and the City staff should discuss the implication of the zoning, availability of water, method of sewage disposal, street construction requirements, topography of site and all other factors affecting the division of the property.
B. 
Preliminary Plan Application. When a tract or area of land is to be partitioned, the preliminary plan of the proposed partition shall be filed in the office of the City together with an application for consideration. A sufficient number of copies of the preliminary plan, as determined by the City shall also be submitted, in order that the preliminary plan may be distributed to other agencies. The preliminary plan when submitted shall include the following:
1. 
The name, address and phone number of the land owner, partitioner and engineer or surveyor;
2. 
The tax lot number and the section, township and range in which the property is located;
3. 
The date, north point and scale of the drawing;
4. 
A vicinity sketch showing the location of the subdivision in relation to known landmarks in the City;
5. 
The approximate location and dimensions of all proposed boundary lines;
6. 
Approximate area of the property being subdivided and each proposed parcel;
7. 
Name, location and width of all existing and proposed roads, rights-of-way and easements;
8. 
Existing zoning of the property;
9. 
Existing and proposed uses of the property;
10. 
Approximate location and use of all existing structures to remain on the site. Indicate those to be removed;
11. 
Any limitations to development; i.e., topography, areas subject to flooding, geologic hazards, drainage channels on property, etc.;
a. 
A copy of the request to the county health department for site inspection.
b. 
Review of Preliminary Plan by Other Departments. Within five working days after the partition application is submitted according to the provisions of this title, the City staff shall distribute copies thereof to appropriate agencies and departments for review, comments and recommendations. If the City receives no written response or time extension request within 20 days, it shall be considered the agency(s) and department(s) involved approve of the preliminary plan as submitted.
C. 
Approval of Preliminary Plan. Within 10 days after receiving all comments and recommendations from appropriate agencies or departments, the City staff shall refer the plan to the Planning Commission for a decision. The applicant shall be notified of the time and place of the Planning Commission meeting. Unless appealed, the decision shall become effective on the eleventh day after being rendered. The approval or conditional approval is valid for one year from the effective date of approval. After one year the preliminary plan may be resubmitted to be considered in light of changed conditions that may exist.
D. 
Submitting the Plat. Within one year after the approval of the preliminary plan becomes effective, a partition plat shall be submitted to the Planning Commission for approval which is in substantial conformity to the approved preliminary plan and conditions of approval.
The partition plat shall be prepared by a professional land surveyor who is licensed in the State of Oregon, and shall conform to the surveying requirements in ORS 92.050 through 92.080 and the Lincoln County surveyor's plat standards. In addition to the information as required on the preliminary plan, and the information required by ORS 92, the following information shall be provided:
1. 
A preliminary title report, lot book report, subdivision guaranty report or equivalent documentation of the ownership of the subject property, issued not more than 30 days prior to the date that the partition plat is submitted for final approval. Such report shall also identify all easements of record;
2. 
The deed dedicating to the public all common improvements, including, but not limited to, streets and roads, the donation of which was made a condition of approval of the preliminary plan for the partition;
3. 
A copy of all protective deed restrictions proposed;
4. 
The certification, performance agreement, bond, contract or other assurances regarding the availability or installation of water and sewer services as provided in Section 9.56.020;
5. 
The location of the approved site for the septic system if applicable.
E. 
Street Dedication. Any streets in a major partition shall be dedicated following the requirements and procedures for the dedication of streets as set forth in Section 9.64.040 prior to plat approval.
F. 
Plat Approval. Within 10 days of the receipt of a partition plat as provided in this title, the City staff shall refer the plat to the Planning Commission for a decision. The applicant shall be notified in writing of the time and place of the Planning Commission meeting. Unless appealed, the decision shall become effective on the eleventh day after being rendered.
G. 
When the approval becomes effective, the Planning Commission chair shall sign the plat and its exact copy. The plat and exact copy shall then be delivered to the county surveyor who shall obtain the following officials' signatures on them:
1. 
The county tax collector whose signature shall certify that all taxes on the property have been paid;
2. 
The county assessor, whose signature shall certify that the plat is signed by the owner or owners of record;
3. 
The county surveyor, whose signature shall certify that the platting laws of this state and the requirements of this title have been satisfied.
H. 
The county surveyor shall deliver the signed plat to the office of the county clerk and notify the partitioner that it has been so delivered and may be offered for record.
I. 
Appeals. See Section 9.88.120.
(Ord. 73E § 5.030, 1992; Ord. 172, 1995; Ord. 211, Amended, 01/15/1999; Ord. 296, Amended, 04/14/2011)

§ 9.56.050 Subdivisions procedure for dividing land.

A. 
Preliminary Discussion. Prior to preparing a primary plan of a subdivision for submission the owner should discuss the proposed division with city personnel. The developer and the City staff should discuss the implication of the zoning, availability of water, method of sewage disposal, street construction requirements, topography of the site and all other factors affecting the division of the property.
B. 
Preliminary Plan Application. When a tract or area of land is to be subdivided, the preliminary plan of the proposed subdivision shall be filed in the office of the City together with an application for consideration. A sufficient number of copies of the preliminary plan, as determined by the City staff shall also be submitted in order that the preliminary plan may be distributed to other departments and agencies. The preliminary plan when submitted should contain the following:
1. 
The name of the subdivision;
2. 
The name, address and phone number of the land owner, subdivider and engineer or surveyor;
3. 
The tax lot number and the section, township and range in which the property is located;
4. 
The date, north point and scale of the drawing;
5. 
A vicinity sketch showing the location of the subdivision in relation to a known landmark in the City;
6. 
The approximate location and dimensions of all proposed lot lines;
7. 
Gross acreage of the property being subdivided;
8. 
Number of lots within the plat;
9. 
Size of the smallest lot in the plat;
10. 
Source of domestic water;
11. 
Method of sewage disposal;
12. 
Existing zoning of the property;
13. 
Existing and proposed land use;
14. 
Names, surfacing, direction of drainage, and approximate grade of all streets within and abutting the subdivision;
15. 
Legal access to subdivision if not abutting a public road (if by easement, a copy of the deed giving easement);
16. 
Areas subject to periodic flooding;
17. 
Proposed lot and block numbers;
18. 
Width, depth and direction of flow of all drainage channels on the property;
19. 
Contour lines with a ten-foot interval if slope exceeds 10%; five foot intervals if less than 10% slope (state the source of the contour information);
20. 
All existing and proposed easements crossing the property;
21. 
Approximate location and use of all existing structures on the site. Indicate those to be removed;
22. 
Pedestrian walkways (if any);
23. 
Areas other than streets to be offered for dedication to the public. (Example: parks);
24. 
Heavily wooded areas;
25. 
Adjacent land owned by the subdivider;
26. 
The feasibility report and copy of request to the county health department for site inspection.
Some of the above items may not apply to the property being subdivided, however, as much information as possible must be shown. A preliminary plan may be returned until adequate information is given.
C. 
Review of Preliminary Plan by Other Departments. Within five days following the acceptance of an application by city staff, copies of the preliminary plan shall be distributed to appropriate agencies and departments for review, comments and recommendations. If the City receives no written response or time extension request within 20 days, it shall be considered that the agency(s) or department(s) involved approve of the preliminary plan as submitted.
D. 
Approval of Preliminary Plan. When all comments and recommendations from appropriate agencies or departments have been received or within 45 days after receiving the application as provided for in this title, whichever date shall occur first, the City staff shall place the preliminary plan on the agenda of the next scheduled meeting of the Planning Commission and notify the applicant of the meeting date and time. Following consideration of the preliminary plan, the replies from other agencies and departments and such other testimony offered, the Planning Commission shall schedule a hearing within 45 days. At the conclusion of the hearing, the Planning Commission shall approve, conditionally approve, disapprove for cause or, when further information is required, postpone a decision on the preliminary plan. Unless appealed, the decision of the Planning Commission shall become effective on the thirty-first day after rendered. The approval or conditional approval is valid for two years from the effective date of that approval.
E. 
Time Extension on Preliminary Plan. No more than 30 or less than 10 days prior to the expiration date of the preliminary plan approval, the City staff must notify the subdivider in writing of the expiration of any unrecorded portion of the preliminary plan. A one-year time extension of a preliminary plan approval may be requested. The Planning Commission may approve or disapprove a request for time extension if the preliminary plan is substantially unchanged from the plan previously approved. Additional conditions necessary to meet changed circumstances may be attached to the preliminary plan when a time extension is requested and approved.
F. 
Drafting the Plat. The plat shall be prepared by a surveyor or engineer registered in the State of Oregon. The plat must be in substantial conformity with the preliminary plan as approved and include all conditions set at the time of approval. It shall be drawn with permanent black India-type ink or silver halide permanent photocopy, upon a good quality of white coldpressed, double mounted drawing paper eighteen by twenty-four inches in size with an additional three-inch binding edge on the left side when required by the county clerk or the county surveyor. The plat shall be of such a scale as required by the county surveyor. The lettering of the approvals, the dedication, the affidavit of the surveyor and all other information shall be of a size and type as will be clearly legible. A clear margin of one inch is required. The plat may be placed on as many sheets as necessary, but a face sheet and an index page shall be included for plats placed upon three or more sheets. If desired by the subdivider the plat may constitute only that phase of the approved preliminary plan which he or she proposes to record and develop.
G. 
Submitting the Plat.
1. 
Within two years after the approval of the preliminary plan becomes effective, a plat and one exact copy may be submitted to the Planning Commission. The copy may be a photocopy or a tracing made with black India-type ink upon a good quality of linen tracing cloth or any other suitable drafting material having the same or better characteristics of strength, stability and transparency. The photocopy or tracing shall be identified as an exact copy of the plat by the engineer or surveyor who caused the copy to be made. The subdivider shall provide, without cost, four prints from the copy of the plat.
2. 
The subdivision plat shall conform to surveying requirements in ORS 92.050 through 92.080. In addition to the information as required on the preliminary plan, and the information required by ORS 92, the following information shall be provided with the plat:
a. 
Street and drainage construction plans;
b. 
A copy of all covenants and protective deed restrictions;
c. 
The certification, performance agreement or statement regarding the availability of water and sewerage services as provided in Section 9.56.050;
d. 
Copies of legal documents relied upon by the Planning Commission for dedication of public facilities or for the creation of a nonprofit homeowners association;
e. 
An affidavit with the seal of and signed by the registered surveyor responsible for the land survey and final plat, as required by ORS 92.070;
f. 
Such additional information as the Yachats Planning Commission deems necessary for conformance with conditions of preliminary plan approval.
H. 
Plat Approval. The plat will be placed on the agenda of the next scheduled meeting of the Planning Commission. The applicant and his or her surveyor or engineer shall be notified of the meeting date and time. Following the consideration of the plat, the Planning Commission shall approve, disapprove for cause or, when further information is required, postpone a decision on the plat. In no case shall a decision be postponed longer than 45 days. The applicant shall be notified in writing of the decision of the Planning Commission.
Unless appealed, the decision of the Planning Commission shall become effective on the thirty-first day after rendered. When the approval becomes effective the Planning Commission chairman shall sign the plat and its exact copy. The plat and exact copy shall then be delivered to the county surveyor who shall obtain the following officials' signatures on them:
1. 
The county tax collector, whose signature shall certify that all taxes on the property have been paid;
2. 
The county assessor, whose signature shall certify that the plat is signed by the owner or owners of record;
3. 
The county surveyor (his or her own), whose signature shall certify that the platting laws of this state and the requirements of this title have been satisfied;
4. 
A majority of the county commissioners, whose signature shall certify that the plat is approved by them;
5. 
The county health officer, whose signature shall certify that the method of sewage disposal for each lot is approved.
I. 
The county surveyor shall deliver the signed plat to the office of the county clerk and notify the subdivider that it has been so delivered and may be offered for record.
J. 
Appeals. See Section 9.88.120.
(Ord. 73E § 6.030, 1992; Ord. 268, Amended, 02/12/2007; Ord. 296, Amended, 04/14/2011)