Chapter 17.363 REPLATS AND PROPERTY LINE ADJUSTMENTS

Chapter 17.363
REPLATS AND PROPERTY LINE ADJUSTMENTS

Sections:

17.363.010 Replatting and vacation of plats.

The act of replatting shall allow the reconfiguration of lots or parcels and public easements within a recorded plat.

(1) Replats serve to vacate the platted lots, parcels or easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.

(2) A replat shall not serve to vacate any dedicated public street or road. The replat of a portion of a recorded plat shall not act to vacate any recorded covenants or restrictions.

(3) When a utility easement is proposed to be realigned, reduced in width or omitted by a replat, all affected utility companies or public agencies shall be notified consistent with CBDC 17.130.090(2), Notice of Application, or CBDC 17.130.100(2), Notice of Application, as applicable. Any utility company that desires to maintain an easement subject to vacation must notify the governing body in writing within 14 days of the mailing or other service of the notice.

(4) If the proposed action replats all of an undeveloped subdivision, a hearing before the review authority is required to determine whether the undeveloped subdivision should be revised and the subdivision replatted or vacated and all lands within the subdivision that have been dedicated for public use vacated. The director shall notify each owner of record of lands described in the plat under review not later than 30 days before the date of the hearing in conformance with CBDC 17.130.100(3)(a), Notice of Hearing.

A subdivision is considered to be “developed” if any of the following apply:

(a) Roadways providing access into and travel within the subdivision have been or are being constructed to meet specifications approved by the city;

(b) Facilities to provide water or sewer to the lots created by the subdivision have been or are being constructed;

(c) Buildings have been or are being constructed or permits have been issued for the construction of buildings upon the land; and

(d) One or more lots described in the plat of the subdivision have been sold or otherwise transferred prior to the date of this review.

(5) Any plat or portion thereof may be replatted upon receiving an application signed by all the owners as appearing on the deed. All applications for a replat shall be processed in accordance with the procedures and standards for a partition, Chapter 17.359 CBDC, or a subdivision, Chapter 17.367 CBDC. The replat must comply with all applicable ordinances and regulations of the city. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.322.010].

17.363.020 Property line adjustments.

A property line adjustment means the relocation or elimination of a common property line between abutting properties where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment complies with this title.

The director shall determine whether a property line adjustment is reviewed as a Type I or Type II review or is referred to the planning commission.

(1) Application. Prior to filing an application, the department shall meet with the prospective applicant. If multiple property line adjustments are proposed, a replat or partial replat of the subdivision may be required.

(a) The application form must be signed by the owner(s) of record of the real property addressed in the application and the appropriate fee paid. An application form may also be signed by the duly authorized representative of the owner of record.

(b) A site plan, drawn to scale, shall include the following information:

(i) The existing and proposed property boundaries and dimensions;

(ii) The footprint of existing structures on the affected properties along with the dimensions, uses, and number of stories for each structure;

(iii) Location and dimensions of driveways and public and private streets within or abutting the subject properties;

(iv) Location and purpose of easements, if applicable; and

(v) A copy of the deed for the properties involved and any covenants, conditions, and restrictions applicable to the subject property.

(d) A property line adjustment shall not be in violation of any applicable city or state regulations.

(2) Survey Required. An adjusted property line created by the relocation of a common boundary must be surveyed in accordance with ORS 92.060. This requirement does not apply for the following:

(a) Property transferred by a public agency or public body or excess property resulting from the acquisition of land by the state, a political subdivision or special district for highways, county roads, city streets or other right-of-way purposes when the sale or grant is part of a property line adjustment incorporating the excess right-of-way into adjacent property. The property line adjustment shall be approved or disapproved by the city. The applicant shall record an amended deed with Coos County.

(b) When the adjusted lots or parcels are each greater than 10 acres.

(3) Multiple Line Adjustments. When a series of property line adjustments are proposed, each of the property line adjustments must be approved separately and implemented (deed recorded) before proceeding to seek approval for any additional property line adjustment needed to achieve the desired configuration.

(4) Deed. Upon approval of a property line adjustment, a property line adjustment deed must be recorded. A copy of the deed must be provided to the department. At a minimum, the property line adjustment deed shall contain the names of the parties, the description of the adjusted line, references to original recorded documents, the survey reference number and signatures of all parties with proper acknowledgment. If the deed is not filed and a copy provided to the department within six months of approval, the decision of the department shall be null and void. [Ord. 503 § 1 (Exh. B), 2018; Ord. 473 § 3 (Exh. A), 2016. Formerly 17.322.020].