Chapter 15.20
Plat Approval Procedure
Sections:
15.20.010 Background information.
15.20.020 Submission of tentative plan for proposed subdivision.
15.20.040 Preliminary review of proposal.
15.20.050 Approval of the tentative plan for the proposed subdivision.
15.20.060 Submission of final plat.
15.20.070 Review and approval of final plat.
15.20.080 Time limit for development of a recorded final plat.
15.20.010 Background information.
The City shall make available to a subdivider, or agents, such background information as may be on file relating to the general area of a proposed plat and to the relationship of the Comprehensive Plan, the zoning code, and other City plans, policies or regulations to this area. Subdividers shall also be advised of the design and improvement standards and other requirements established by the City in connection with the review and approval of plats. [Ord. 509 § 3.010, 1981; 1981 Compilation § 8-7:3.010.]
15.20.020 Submission of tentative plan for proposed subdivision.
Subdividers shall prepare a tentative plan of the proposed subdivision and other supplementary material as may be required in BMC 15.25.010 through 15.25.050 to indicate the general program and objectives of the project. At least 15 copies of the tentative plan shall be submitted at least 20 working days prior to the Planning Commission hearing at which consideration of the plan is desired. The City shall not accept the tentative plan for review or hearing until it has been determined by the City Engineer that all data required under BMC 15.25.010 through 15.25.050 has been made available. [Ord. 509 § 3.020, 1981; 1981 Compilation § 8-7:3.020.]
15.20.030 Filing fees.
At the time of the submission of the tentative plan, the City Recorder shall collect fees for subdivision review and inspection. The fees shall be set in accordance with a fee schedule set by resolution of the City Council after recommendation by the Planning Commission. All fees which are paid shall be nonrefundable. [Ord. 509 § 3.030, 1981; 1981 Compilation § 8-7:3.030.]
15.20.040 Preliminary review of proposal.
Upon receipt, the City Administrator shall furnish one copy of the tentative plan to each of the following agencies: Pacific Power and Light Company, Northwestern Telephone Company, Northwest Natural Gas Company, School District No. 552, the State Highway Department (if the proposed subdivision is within 200 feet of a state highway or of any road or street for which the State Highway Department has maintenance responsibility), the County Surveyor, County Road Department, the City Engineer, Linn Soil and Water Conservation District, the Brownsville Rural Fire Department, the Southern Pacific Transportation Company if the proposed development crosses or is adjacent to the railroad right-of-way, and any other City, county, state and federal agency, special district, and utility the City Administrator believes to be affected.
These agencies shall be given at least 10 working days to review the tentative plan, suggest revisions, and return the recommendations to the City. No response from an agency shall be considered to be approval by the agency. [Ord. 509 § 3.040, 1981; 1981 Compilation § 8-7:3.040.]
15.20.050 Approval of the tentative plan for the proposed subdivision.
A. Hearing. Before the Planning Commission may take action on a tentative plan, it shall hold a public hearing. Notification of the hearing shall be by posting the property to be developed with at least one notice of the hearing giving the date and place of the hearing; notifying by mail the subdivider and abutting property owners which are listed as owners of record by the County Assessor of Linn County; and publication of notice in a newspaper of general circulation in the City. All notices of hearings shall be posted, mailed and published at least 10 days prior to the date of the scheduled hearing. The subdivider shall provide to the City the list of names and addresses of all property owners who are to receive the notice of hearing by mail. Failure of a property owner to receive the notice of the hearing shall not impair the validity of the hearing or of the action taken by the Commission.
B. Within 60 days following the public hearing, the Planning Commission shall take action on the tentative plan and the reports of appropriate officials and agencies.
C. The Planning Commission may approve the tentative plan as submitted, or as it may be modified. If the Planning Commission does not approve the plan, it shall express its disapproval and its reasons therefor. Any conditions of tentative plan approval shall also be expressed.
D. Approval of the tentative plan shall indicate approval of the final plat if there is no change in the plan of the subdivision as approved by the City and if the subdivider complies with the requirements of this chapter and of the provisions of ORS 92.010 through 92.160.
E. The action of the City Planning Commission shall be noted on three copies of the tentative plan, including reference to any attached documents describing conditions. One copy shall be returned to the subdivider, one to the City Recorder, and the other shall be retained by the Planning Commission.
F. Decisions of the Planning Commission may be appealed to the City Council. [Ord. 509 § 3.050, 1981; 1981 Compilation § 8-7:3.050.]
15.20.060 Submission of final plat.
A. Within six months after approval of the tentative plan, the subdivider shall prepare a final plat in conformance with the approved tentative plan, the provisions of this chapter and the provisions of ORS 92.010 through 92.160.
B. The subdivider shall submit the original drawing as required by ORS 92.080 and any supplementary information to the City Administrator for review and approval.
C. If the subdivider wishes to proceed with the subdivision after the expiration of the six-month period following approval of the tentative plan by the Planning Commission, he/she must resubmit the tentative plan to the Planning Commission and make any revisions considered necessary to meet changed conditions. [Ord. 509 § 3.060, 1981; 1981 Compilation § 8-7:3.060.]
15.20.070 Review and approval of final plat.
A. Upon receipt of the final plat and accompanying data, it shall be reviewed by the City Engineer and the County Surveyor. The City Engineer shall review the plat and documents to determine that it conforms with the approved tentative plan and with the provisions of ORS chapter 92, the Brownsville Comprehensive Plan, and this division. The County Surveyor shall examine the plat for compliance with requirements for survey accuracy and completeness and shall collect such fees for this purpose as are provided for by state law. The City Engineer and other City representatives may make checks in the field to verify that the plat is sufficiently correct on the ground, and they may enter the property for this purpose.
B. If it is determined that there has not been full conformity, the City Administrator shall advise the subdivider of the changes or additions that must be made and afford the subdivider an opportunity to make such changes or additions. If it is determined that full conformity has been made, the City Engineer shall so certify.
C. If it is determined that the final plat conforms fully with the approved tentative plan and all applicable regulations and standards, the City Administrator shall advise the Chairman of the Planning Commission. The City Engineer and the Chairman of the Planning Commission may then sign the plat.
D. In the absence of the Chairman, the duties and powers with respect to action on final plats shall be vested in the Vice-Chairman.
E. Approval of a final plat shall not constitute or effect an acceptance by the City of the dedication of any street, recreation area, drainage way, area reserved for water and sewer line, or other dedication shown on the plat.
F. Prior to recording of the final plat, the subdivider must apply for approval of all public officials, as specified in ORS chapter 92, as amended. Signatures on the final plat by a majority of the Board of County Commissioners shall constitute approval of the plat by them. The subdivider shall then immediately take the approved final plat to the Office of the County Clerk and have it recorded.
G. Approval of the final plat shall be void if the plat is not recorded within 90 days after the date of signature by the Planning Commission Chairman. However, if the subdivider submits a request for a time extension to the Planning Commission, the Commission may grant such additional time as circumstances warrant.
H. An exact copy of the final plat, as approved and recorded, shall be submitted to the City. The exact copy may be a photocopy or a tracing with black India ink upon a good quality of mylar or any other suitable drafting material having the same or better characteristics of strength, stability and transparency. The copies shall be identified as an exact copy of the plat by the engineer or surveyor who caused the plat to be made. [Ord. 509 § 3.070, 1981; 1981 Compilation § 8-7:3.070.]
15.20.080 Time limit for development of a recorded final plat.
A. If a final plat has not been developed within the 10-year period from the date of recording, the plat shall be resubmitted to the City for review and approval. Action on the re-submittal shall be in relation to current requirements of the subdivision code, the Comprehensive Plan, other City land development ordinances, and land use patterns in the surrounding area.
B. A reconsidered final plat shall be reviewed by the Planning Commission at a public hearing.
C. The Planning Commission shall either approve the plat as originally platted, or it shall require that the plat be revised and resubmitted as a tentative plan. If a tentative plan has not been approved within six months of the date of action on the reconsidered final plat, the City may take action to vacate the plat in accordance with the provisions of ORS 92.234.
D. For purposes of this section, a plat has not been developed if none of the required public improvements and roadways have been installed and none of the lots have had buildings placed upon them. [Ord. 509 § 3.080, 1981; 1981 Compilation § 8-7:3.080.]