Title 17 DEVELOPMENT CODE
Chapter 17.176 SUBDIVISIONS AND PLANNED UNIT DEVELOPMENTS
17.176.010 General provisions.
17.176.020 Application and fee.
17.176.030 Process.
17.176.040 Final plat requirements.
17.176.050 Final plat approval.
17.176.060 Subdivision of a mobile home park.
17.176.010 General provisions.
A. All subdivisions and planned unit developments (PUDs) shall conform to
all applicable zoning district Standards, development standards and other
provisions of this title.
B. A master plan for development is required
for any application that leaves a portion of the subject property capable of
redevelopment. (Ord. 619, 2003)
17.176.020 Application and fee.
A. The following submittal requirements shall apply to all preliminary
plan applications for subdivisions and PUDs:
1. All applications shall
be submitted on forms provided by the city to the city recorder along with the
appropriate fee. It shall be the applicant’s responsibility to submit a
complete application that addresses the review criteria of this
chapter;
2. The applicant shall submit ten (10) clear and legible copies
of the preliminary plan on sheets that are twenty-four (24) inches by thirty-six
(36) inches in size. Preliminary plans shall be drawn to a scale of one-inch
equals one hundred (100) feet or larger;
3. General Information. The
following general information shall be shown on the preliminary
plan:
a. Vicinity map extending one thousand two hundred (1,200) feet in
each direction showing all streets, property lines, streams, and other pertinent
data to locate the proposal;
b. North arrow, scale of drawing and date
of preparation;
c. Tax map and tax lot number or tax account of the
subject property;
d. Dimensions and size in square feet or acres of the
subject property;
e. The names and addresses of the property owner,
partitioner and engineer, surveyor, or other individual responsible for laying
out the partition.
4. Existing Conditions. The preliminary plan shall
show:
a. Location of all existing easements within the
property;
b. Location of city utilities (water, sanitary sewer, storm
drainage) within or adjacent to the property proposed for use to serve the
development;
c. The location and direction of watercourses or drainage
swales. The location and disposition of any wells, wetlands identified on the
State Wetland Inventory, septic tanks, and drain fields in the
development;
d. Existing uses of the property, including location of
existing structures on the property. It should be noted whether the existing
structures are to be removed or to remain on the property;
e. Contour
lines related to an established benchmark, having the following minimum
intervals:
i. Areas with less than five percent slope: one-foot
contours;
ii. Areas with slope between five percent and ten (10)
percent: two-foot contours;
iii. Areas with slope greater than ten (10)
percent: five-foot contours;
5. Proposed Plan. The preliminary plan
shall clearly show to scale the following:
a. Proposed name of the PUD
or subdivision;
b. Locations, approximate dimensions and area in square
feet of all proposed lots. Identification of each lot and block by
number;
c. Proposed streets and their names, approximate grade, radius
of curves, and right-of-way widths;
d. Any other legal access to the
subdivision or PUD, other than a public street;
e. Location, width and
purpose of any proposed easements;
f. If the development is to be
constructed in phases, indicate the area of each phase.
6. Supplemental
Information. Proposed deed restrictions, if any, in outline form.
B. The
following supplemental information shall be required for all PUD preliminary
plan applications:
1. Calculations justifying the proposed density of
development as required by Section 17.112.050(C);
2. Proposed uses of
the property, including sites, if any, for attached dwelling units, recreational
facilities, parks and playgrounds or other public or semi-public uses, with the
purpose, condition and limitations of such reservations clearly
indicated;
3. The approximate location and dimensions of all commercial
or multi-family structures proposed to be located on the
site;
4. Statement of improvements to be made or installed including
streets, sidewalks, bikeways, trails, lighting, tree planting, landscaping, and
time such improvements are to be made or completed;
5. Written
statement-outlining proposals for ownership and maintenance of all open space
areas, private streets and any commonly owned facilities. (Ord. 619,
2003)
17.176.030 Process.
A. Preliminary plans for subdivisions and PUDs shall be reviewed in
accordance with the Type II review procedures.
B. Approvals of any
preliminary plans for a subdivision or PUD shall be valid for one year after the
date of the written decision. A final plat for a subdivision shall be recorded
within this time period or the approvals shall lapse. PUDs that do not involve
the subdivision of property shall show substantial progress toward the
construction of the project within the one-year period or the approval shall
lapse.
C. The planning commission may extend the approval period for any
subdivision or PUD for not more than one additional year at a time. Requests for
extension of approval time shall be submitted in writing thirty (30) days prior
to the expiration date of the approval period.
D. If the approval period
is allowed to lapse, the applicant must resubmit the proposal, including all
applicable fees, for public hearing before the planning commission. The
applicant will be subject to all applicable standards currently in effect. (Ord.
619, 2003)
17.176.040 Final plat requirements.
A. Preparation. The final plat shall be submitted to the city in a form
and with information consistent with this title, county survey and map standards
and state laws including ORS 92.010-160 for plats of record and ORS 209.250 for
surveys.
B. Number of Copies. The applicant shall submit three identical
reproducible copies of the final plat for signature. The plats shall be Mylar,
meeting the requirements of the county recorder and the county
surveyor.
C. Information Required. In addition to any information
specified by current state law or county regulations, the following information
shall be shown on the final plat:
1. The area of each lot shall be shown
in square feet. For parcels larger than one acre, the area shall be shown to the
nearest hundredth of an acre. When front lot lines are on a curve or arc, the
front lot line distance shall be indicated by bearing and chord
distance;
2. Identification of land to be dedicated for any purpose,
public or private, to distinguish it from lots or parcels intended for sale. The
following phrases shall be used when identifying open space
dedications:
a. Common open space: used to identify those parcels of
land created for the purpose of common ownership, enjoyment and maintenance by
an approved homeowner’s association or is listed as being held in common
ownership, with appropriate deed restrictions and responsibilities, by
owner’s of property within the development;
b. Public open space:
used when identifying those parcels of land dedicated to the city for open space
purposes. (Ord. 622, 2004)
17.176.050 Final plat approval.
A. Within one year of the final decision approving a preliminary plat, a
final plat shall be recorded. If the final plat is not submitted within one
year, the preliminary approval shall lapse.
B. The city manager shall
upon written request by the applicant and payment of the required fee, grant an
extension of the approval for a period not to exceed six months provided
that:
1. No changes are made to the approved preliminary plat;
and
2. There have been no changes in existing conditions, facts, or
applicable policies or ordinance provisions on which the original approval was
based.
C. After the final plat has been submitted, the city staff shall
review and compare it with the approved preliminary plan to ascertain whether
the final plat conforms substantially to preliminary plan and to the conditions
of approval as were imposed. The chairperson shall signify planning commission
approval of the final plat by signing all three reproducible copies of the
plat.
D. No final plat shall be approved unless:
1. The plat is
in substantial conformance with this title and the provisions of the preliminary
plan as approved, including any conditions imposed in connection
therewith;
2. The plat contains free and clear of all liens and
encumbrances a donation to the public of all common improvements, including but
not limited to streets, roads, sewage disposal and water supply systems, the
donation of which is required by this title or was made a condition of the
approval of the preliminary plat;
3. Explanations of all common
improvements required as conditions of approval of the preliminary plan have
been recorded and referenced on the plat;
4. All reserve blocks shown on
the preliminary plan or required as conditions of approval have been deeded in
fee simple to the city;
5. The city has received adequate assurances
that the applicant has agreed to make all public improvements which are required
as conditions of approval of the preliminary plan. The following constitute
acceptable adequate assurances:
a. Certification by the city engineer
that all required public improvements are completed and approved by the city;
or
b. The city engineer certifies that seventy-five (75) percent of the
improvements are completed and a performance guarantee as provided by Section
17.216.010.
E. If the city recorder finds that conditions specified in
subsection D of this section have not been met, the applicant shall be advised
of the changes that must be made and afforded the opportunity to comply.
Rejection of a final plat shall not affect the preliminary plan
approval.
F. When the city recorder finds that the final plat is in
substantial conformity to the approved preliminary plan and is otherwise in
lawful form, the city recorder shall sign and date all three reproducible copies
of the plat.
G. Following endorsement of the plat by the city recorder,
the mayor and the city engineer, the applicant shall:
1. Pay all
required review fees;
2. Complete all action required by ORS
92.100;
3. Obtain any other approval signature required by state or
county laws, ordinances or regulations;
4. Deliver the approved
subdivision plat and accompanying documents to the county clerk for
recording;
5. Deliver a signed Mylar copy and three copies of the
recorded subdivision plat to the city recorder’s
office.
H. Effective Date for Final Plat Approval. The approval process
for a development shall become final upon the recording of the approved final
plat together with any required documents with the county clerk. Approved final
plats shall become void one year after final city approval if they are not
recorded. (Ord. 619, 2003)
17.176.060 Subdivision of a mobile home park.
The proposed subdivision of manufactured or mobile home parks under the
requirements of ORS 92.830 to 92.845 shall be processed as
follows.
A. The subdivision of an existing mobile home park shall be
approved provided:
1. The park is in compliance with all standards for a
mobile dwelling park or is an approved nonconforming use. A park is in
compliance if the city has not issued a written notice of noncompliance on or
before July 2, 2001;
2. The tentative subdivision plan does not increase
the number of lots approved for the park, change the boundary lines, or setback
requirements, or make other development changes; and
3. A plat is
prepared and recorded in compliance with all regulations of this title and
Oregon Revised Statutes.
B. A subdivision of an existing mobile home
park is not required to meet the minimum lot size, frontage, setback
requirements, or street standards of this title, with the following exception
that new structures located within yards abutting properties outside of the
subdivision must meet all setback requirements or be approved for a
variance.
C. A subdivision of an existing mobile home park shall be
subject to formation of a homeowners association for continued maintenance of
streets and open space areas within the subdivision. (Ord. 619, 2003)
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