Chapter 15.35
Partitioning of Land
Sections:
15.35.020 Major partitioning procedure.
15.35.030 Minor partitioning procedure.
15.35.040 Approval and recording of a final map for a minor or major partition.
15.35.010 Purpose.
This chapter prescribes procedures and standards governing the partitioning of land. This provision is established to ensure that adequate public access and related utilities and facilities will be provided to parcels created by a division of land into three parcels or less. [Ord. 509 § 7.010, 1981; 1981 Compilation § 8-7:7.010.]
15.35.020 Major partitioning procedure.
A. Any major partition of land shall be submitted to the Planning Commission for review and approval. There shall be submitted to the City an application for approval of a tentative plan map for a partition. The application shall include the following:
1. A map of the land area from which the parcels are to be partitioned. This shall include the date, north point and scale of drawing and sufficient description to define the location, boundaries and dimensions of the tract to be partitioned.
2. Name and address of the owner or owners of record, and of the person who prepared the partition.
3. The parcel layout, showing dimensions and size of parcels.
4. Location of existing buildings to remain in place, drainage ways and other features of the land which are important to its development.
5. Identification of the street area and its relation to existing streets serving the property. Identification shall include location, widths and names of streets.
6. Identification of existing and proposed utilities to serve the property, including location, width and purpose of easements; location and size of sewer and water lines and of drainage ways; street lighting; and location of power and telephone lines.
7. Vicinity map showing the street and lot pattern in the general vicinity.
B. Ten copies of the tentative application map shall be submitted to the City at least 10 days prior to the Planning Commission meeting at which the partition request shall be heard. All affected City, county, state and federal agencies and special districts shall be notified of the application and shall be requested to review the partition proposal and submit their recommendations to the Planning Commission. In all cases, notifications shall be forwarded to Northwestern Telephone Company, Inc.; Linn Soil and Water Conservation District; Brownsville Rural Fire Department; Pacific Power and Light Company; Northwest Natural Gas Company; and to the County Surveyor and the County Road Department. Notification shall also be forwarded to State Highway Department if the proposed partitioning abuts a state highway, and the Southern Pacific Transportation Company if the proposed partition abuts a railroad.
C. Consideration of a tentative plan map for a major partition by the Planning Commission shall take place at a public meeting. This meeting shall occur at least 15 days, but no more than 31 days, after the request has been submitted. Owners of all property abutting the proposed partition shall be notified of the meeting.
D. Within 40 days following the public meeting, the Planning Commission shall take action on the tentative map for a major partition.
E. In taking action on a major partition, the Planning Commission may approve the tentative map as submitted, may approve it with conditions, or it may disapprove the tentative map. The Planning Commission shall express its disapproval and the reasons for the action taken. Any conditions of approval shall also be expressed.
F. Action on a major partition by the Planning Commission is final, unless, within 10 days of the decision, review of the proposal by the City Council is requested by the applicant or a party who is entitled to receive notice of review of the partition. The Council shall consider this request at its next regular meeting.
G. The Council shall either confirm, modify or deny the Planning Commission decision. If the Council modifies or overrules the Commission decision, it shall express its reasons therefor. Any conditions of approval shall also be expressed.
H. Council action on a major partition shall be within 40 days following referral of the map to the Council. [Ord. 509 § 7.020, 1981; 1981 Compilation § 8-7:7.020.]
15.35.030 Minor partitioning procedure.
A. Any division of land that is within the definition of a minor partition shall be submitted to the City for review and approval. The application for a minor partition shall include the following:
1. A map of the land area from which the parcels are not to be partitioned. This shall include the date, north point and scale of drawing and sufficient description to define the location, boundaries and dimensions of the tract to be partitioned.
2. Name and address of the owner or owners of record, and of the person who prepared the partition.
3. The parcel layout, showing dimensions and size of parcels.
4. Location of existing buildings to remain in place, drainage ways, and other features of the land which are important to its development.
B. Approval of minor partitions.
1. The application for approval of a tentative plan for a minor partition shall include the original map and two copies which shall be filed with the City Administrator. The City Administrator may either approve the tentative proposal as submitted or request the Planning Commission to review it.
2. An application for minor land partition shall be reviewed for consistency with the Comprehensive Plan, zoning code, and this chapter.
3. If an application for a minor land partition is denied by the City Administrator, the applicant may then either modify the map for resubmittal; or he may, within 10 days, request review of the proposal by the Planning Commission at its next regular meeting. The Planning Commission may either uphold the decision of the City Administrator, approve the application with special conditions, or approve the application as proposed. [Ord. 614 § 1, 1992; Ord. 509 § 7.030, 1981; 1981 Compilation § 8-7:7.030.]
15.35.040 Approval and recording of a final map for a minor or major partition.
A. Upon arrival of a tentative map for a minor or major partition, three copies of the map shall be signed, dated and conditions of approval noted. One map shall be returned to the applicant, one retained by the City Administrator, and one retained for Planning Commission files.
B. Final Partition Plan Map. The final plan shall be the survey map that is submitted for recording in the Office of the Linn County Surveyor. It shall include one exact transparent copy and two prints for filing with the City of Brownsville. The final plan shall include the following:
1. The survey map of the parcels being offered for sale prepared by a registered land surveyor. The survey map shall indicate the location of all interior and exterior monuments.
2. A legal description of the parcels being offered for sale.
3. A signed and notarized deed for the street area being dedicated and including any other easement rights being granted to the City related to the parcels.
4. A notarized signature of the owner or owners, declaring the ownership and consenting to the recording of the map.
5. A designated space for approval signatures of the chairman of the Planning Commission, the City Engineer and the County Surveyor.
C. Procedures for Approving Final Map. The final map shall be filed with the City Administrator who shall coordinate the process of final map review and approval.
1. All final maps shall include the information and signatures required in subsection (B) of this section.
2. Prints of the final map for review and approval shall be forwarded to the City Engineer and the County Surveyor.
3. The final map may be approved by the Chairman of the Planning Commission without further Planning Commission review, if it is found that the map is consistent with the approved tentative map and meets all the conditions of approval set by the Planning Commission. If inconsistencies are found in the final map, it will be placed on the agenda of the next regular Planning Commission meeting. [Ord. 614 § 1, 1992; Ord. 509 § 7.040, 1981; 1981 Compilation § 8-7:7.040.]
15.35.050 Filing fees.
At the time of application for partition, the City Administrator shall collect such filing fees as the City Council has established. [Ord. 509 § 7.050, 1981; 1981 Compilation § 8-7:7.050.]
15.35.060 Standards.
The design standards for a subdivision in BMC 15.40.010 through 15.40.070 shall apply to partitions. Applications for variance shall be in accord with the procedures established in BMC 15.50.010 through 15.50.030. [Ord. 509 § 7.060, 1981; 1981 Compilation § 8-7:7.060.]