Chapter 17.05
LAND DIVISIONS
Sections:
17.05.020 Lot line adjustments.
17.05.050 Fee ownership subdivision.
17.05.060 Middle housing land divisions.
17.05.070 Expedited land divisions.
17.05.010 Purpose.
The purpose of these regulations is to establish procedures and standards for the division of lands within the city of Cornelius.
(A) Authority.
(1) No person shall subdivide or partition land without first complying with the provisions of this chapter and the laws of the state of Oregon.
(2) The creation of all streets shall be in conformance with requirements for a subdivision or a partition except, however, the community development director may approve the creation of a street to be established by deed without full compliance with the regulations applicable to subdivisions or partitions provided one of the following conditions exists:
(a) The establishment of the street is initiated by the city council; and
(b) The street is declared essential for the purpose of complying with the comprehensive plan, or necessary for adequate traffic circulation; or
(c) The partitioning of land is an incidental effect rather than the primary objective of the street.
(B) Types of Applications. There are four types of land divisions, which are subject to different criteria and procedural requirements:
(1) Lot line adjustments;
(2) Partitions;
(3) Subdivisions;
(4) Fee ownership subdivisions.
(C) Fees Required. A fee shall be charged for all review and approval procedures, land use permits and administrative actions governed by CMC Title 18. Fees shall be set by resolution adopted by the city council.
(1) Fee Schedule Update. The city council shall update the fee schedule from time to time.
(2) Incorporation by Reference. The fee schedule most recently adopted by the city council is incorporated by reference in this title.
(3) Fees Due and Payable. Fees are due and payable at the time an application is submitted. The requirement to pay a fee is jurisdictional, and the city will not process an application without payment of the associated fee. If an applicant pays a fee after submitting an application, the date they pay the fee will be considered the date they submitted the application. [Code 2000 § 11.30.21; Ord. 841 Exh. 2, 2003; Ord. 2024-03 § 1 (Exh. A), 2024.]
17.05.020 Lot line adjustments.
(A) Procedure Type.
(1) The community development director shall review the request for a lot line adjustment to determine compliance with the standards in subsection (C) of this section. The community development director shall approve or deny the request in writing based on the criteria in subsection (C) of this section, within 45 days of submittal of the request.
(2) If the applicant disagrees with the decision of the community development director, an appeal shall be filed in accordance with CMC 18.15.090(A) within 10 working days.
(B) Application Requirements. The community development director shall provide forms that specify the information required for submission of lot line adjustments. The applicant shall prepare a map together with other supplementary material as may be required and shall submit the necessary number of copies to the community development director.
(C) Approval Criteria. A request for a lot line adjustment must meet all of the following criteria:
(1) An additional lot is not created by the lot line adjustment and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the approved zoning for that district.
(2) By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site development regulations for that district.
(D) Appeal of a Decision. Any person receiving notice who disagrees with the community development director’s interpretation may appeal that interpretation to the planning commission at its next appropriate regularly scheduled meeting. Any party to the proceeding disagreeing with the planning commission interpretation may appeal that interpretation to the city council at its next appropriate regularly scheduled meeting. [Ord. 810, 2000; Code 2000 § 11.30.22; Ord. 841 Exh. 2, 2003.]
17.05.030 Land partitioning.
(A) Requirements for Land Partitioning Actions.
(1) No person shall partition an area, parcel or tract of land without the approval of the planning commission or the community development director in accordance with the standards and regulations contained in this section.
(2) The standards and regulations of this section shall apply to partitions of land as defined in ORS 92.010(9).
(3) The community development director shall coordinate and assemble through the facilities and design review process the reports and data submitted by the applicant, affected city departments and any governmental agencies having an interest in partitions. The community development director shall determine whether the partition meets the criteria in subsection (C) of this section.
(4) The community development director shall approve, approve with conditions or deny the proposed partition in writing based on the criteria of subsection (C) of this section, within 45 days of submittal of a complete application.
(5) Notice and review of the community development director’s decision shall be pursuant to CMC 18.15.030.
(6) If the area or tract of land to be partitioned exceeds two acres, and within one calendar year is being partitioned into more than two parcels, any one of which is less than one acre, full compliance with all requirements for subdivision may be required if the community development director or planning commission determines that the entire parcel being partitioned is in the process of being divided into lots or tracts which would otherwise be subject to subdivision regulations if the partitioning did not occur within one calendar year.
(B) Application Requirements. The community development director shall provide forms that specify the information required for submission of land partitions. The applicant shall prepare a map together with other supplementary material as may be required and shall submit the necessary number of copies to the community development director.
(C) Approval Criteria. A request to partition land must meet all of the following criteria:
(1) The proposal conforms with the city’s comprehensive plan; and
(2) The proposal complies with all applicable statutory and ordinance requirements and regulations; and
(3) Adequate public facilities are available to serve the proposal; and
(4) All proposed lots conform to the size and dimensional requirements of this chapter; and
(5) All proposed improvements meet city standards.
(D) Required Improvements. For any partitioning of land, where applicable, the following design and development standards and requirements may apply to partitions. These standards shall apply at the point of construction of improvements and/or land developments. The community development director shall have the authority to impose any such standards or requirements as conditions of approval.
(E) Streets. The location, width and grade of streets shall be considered in relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed use of the land to be served by such streets. Where location is not shown in the comprehensive plan, the arrangement of the streets in a land division shall either:
(1) Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or
(2) Conform to standards adopted by the city. All streets shall be designed in accordance with standards set forth in the adopted Cornelius public works standards.
All streets and alleys within the development and those adjacent streets which directly serve the development shall be fully improved, including grading, base grade, paving, and installation of curbs, all constructed to design specifications as approved by the city engineer. All streets to be constructed and/or improved shall comply with the minimum street improvement standards contained in this title. In cases where physical conditions warrant it, special soils analysis or engineering designs may be required by the city engineer. In addition, where a proposed partition abuts a substandard arterial or collector street, the developer shall provide to the community development director, prior to final plat approval, adequate guarantees that, within one year from the issuance of a building permit for construction within the development, such abutting arterial or collector street or streets shall be improved in a manner which is compatible with the standards for streets contained in this title. Adequate guarantee shall consist of formation of a local improvement district or provision of a security in an amount sufficient to cover the estimated actual improvement cost, plus 15 percent.
(F) Easement.
(1) Utility Lines. Easements for sewers, drainage, water mains, electric lines, or other utilities shall be dedicated. Easements for water, sewer, or drainage on interior lot lines shall be 20 feet in width, the center line of which shall be the lot lines. Easements for water, sewer, or drainage along exterior lot lines shall be 20 feet in width, except no easement will be required for those lot lines paralleling a street or other public way. Tie-back easements shall be six feet wide and 20 feet long along lot side lines at change of direction points of the lot lines. Easements for utilities such as electrical, gas, cable, and fiber optics (public utility easement, or PUE) shall be dedicated along all right-of-way frontages, including woonerfs, and shall be eight feet in width. A PUE is not required along the right-of-way of an alley, unless a parcel on an alley does not also front on a street or woonerf directly.
(2) Watercourses. Where a land division is traversed by a watercourse, drainage way, channel, or stream, a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse, and such further width as will be adequate for the purpose, may be required. Streets or parking ways parallel to watercourses may be required. Watercourse easements and drainage rights-of-way shall be consistent with Clean Water Services (CWS) standards.
(G) Lot Size and Shape. Lot size, width, shape and orientation shall conform to the requirements of this title for the applicable zoning district.
(H) Access. Each lot shall abut upon a public street, for a distance of at least 20 feet, and comply with CMC 18.143.050, Access standards.
(I) Dedications. Public streets, sidewalks, pedestrian ways, bike paths, parks, open space, and other public rights-of-way required by or reasonably related to the development shall be dedicated or otherwise conveyed to the city or the appropriate jurisdiction for maintenance. Further, any park or open space proposed may be required to be dedicated to the public if it is designated in the city’s comprehensive plan. An appropriate instrument granting or conveying the park or open space must be approved by the jurisdiction to whom the park or open space is being dedicated prior to final plat approval.
(J) Utilities. All utilities shall be placed underground per standards identified by the city engineer.
(K) Street Trees. Trees shall be installed along street frontages in accordance with the adopted Cornelius public works standards. Actual location and spacing of trees shall be at the discretion of the city engineer.
(L) Compliance with Approvals.
(1) Requirements Prior to Commencement of Work. Prior to any construction, improvements or land development, the developer shall perform the following:
(a) The developer shall file detailed plans and specifications for all public improvements or land development together with a detailed cost estimate and an estimate of time reasonably necessary to complete such improvements for approval by the city engineer or designee.
(b) The developer shall enter into a contract with the city of Cornelius to make, install and complete within the time fixed, but in no case more than two years from the date of execution of said contract without written approval by the city engineer and community development director, all improvements in accordance with the approved plans prior to acceptance of the improvements by the city and/or plat recordation. If the developer chooses to bond for said improvements prior to acceptance of the improvements (to allow plat recordation to occur prior to completion of the public improvements), the developer shall cause to be filed with the city recorder a security acceptable to the community development director payable to the city of Cornelius in a principal sum determined from the approved estimate of the costs of said improvements of this section. The security shall assure the performance of the said contract and the completion of the said improvements, free of liens. Notwithstanding any of the above, a security shall be provided for any improvements to be performed within public rights-of-way and/or public easements, and all erosion control measures.
(c) The amount of the security shall be based on an estimate of the cost of the work approved by the city engineer in accordance with the following schedule:
(i) Public and private improvements within public rights-of-way and/or public easements, and all erosion control measures, in conformance with city and Clean Water Services standards, equals 150 percent of cost estimate.
(2) Improvement Procedures. All improvements shall conform to the requirements of this chapter and any other improvements standards or specifications adopted by resolution of the city council and shall be installed in accordance with the following procedures:
(a) Improvement work shall not be commenced until plans have been checked for adequacy and approved by the city. To the extent necessary for evaluation of the land division proposal, such plans may be required before approval of the final plat.
(b) Improvement work shall not be commenced until the developer has secured the appropriate development permit. If work has been discontinued for any reason, it shall not be resumed until the city has been notified and consented in writing.
(c) All required improvements shall be constructed under the inspection and to the specifics of the city engineer, adopted Cornelius public works standards, and Cornelius Municipal Code. The city may require changes in typical sections and details if unusual conditions arise during construction to warrant such change in the interests of the city or the developer. Upon acceptance of the required improvements, the city engineer shall notify the developer that the improvements are acceptable as per Cornelius Municipal Code. Acceptance shall be in writing.
(d) All underground utilities, sanitary sewers, storm drains and cable communication system facilities installed in streets shall be constructed prior to the surfacing of such streets. Stubs for service connections for all underground utilities, sanitary sewers and cable communication system facilities shall be placed to such length as will obviate the necessity for disturbing the street improvements when service connections are made.
(e) A map showing all public improvements as built shall be filed with the city engineer upon completion of said improvements.
(3) Improvement Requirements. Improvements to be installed at the expense of the developer are as follows:
(a) Streets.
(i) All streets, including alleys.
(ii) Streets adjacent but only partially within the partition or subdivision.
(iii) The extension of the land division streets to the intercepting paving line of existing streets with which the land division streets intersect.
(iv) Arterial or collector streets which intersect with streets within the development that provide ingress or egress to the development or on which there are traffic impacts reasonably related to the development.
(v) All streets shall be built in accordance with adopted Cornelius public works standards and the adopted Cornelius transportation system plan.
(b) Surface Drainage and Storm Sewer System. Drainage facilities shall be provided within the land division to connect the land division drainage to drainage ways or storm sewers outside the land division. Design of drainage shall be in accordance with adopted Cornelius public works standards and shall allow for the extension of the system to serve other areas.
(c) Sanitary Sewers. Sanitary sewers shall be designed in accordance with adopted Cornelius public works standards and installed to serve the land division and to connect the land division to existing mains.
(d) Water System. Water lines with valves and fire hydrants serving the land division, connecting the land division to city mains, shall be installed in conformance with the adopted Cornelius public works standards. The design and construction by the developer shall take into account provisions for extension beyond the land division and to adequately grid the city system.
(e) Street Trees. Street trees shall be planted along street frontages in accordance with the following:
(i) For all land divisions, the developer shall pay a per tree security to the city. The surety bond shall be based upon the number of trees included in an approved street tree plan.
(ii) Trees shall be planted in accordance with the adopted Cornelius public works standards.
(f) Bike and Pedestrian Ways. Bike and pedestrian ways shall be constructed according to adopted Cornelius public works standards.
(g) Other improvements reasonably related to the impacts of the development which may be required at the partial or total expense of the developer:
(i) Improvement of arterial and collector streets providing primary access to land division streets.
(ii) Signals, traffic control devices, and traffic calming devices.
(iii) Intersection improvements.
(iv) Parks and open space shall be improved as required by the city and/or appropriate jurisdiction.
(h) Street Lights. Street lights shall be installed in accordance with adopted Cornelius public works standards.
(i) Curb cuts and driveway installations are not required of the developer but, if installed, shall be according to adopted Cornelius public works standards.
(j) Internal sidewalks or pathways shall be provided to ensure safe and convenient pedestrian circulation throughout the development.
(4) Final Plat Approval. The community development director shall review the final plat for compliance with the approved preliminary plat. If the community development director determines that the final plat conforms to the approved preliminary plat, the community development director shall so certify and sign the final plat. If the final plat does not conform, it shall be returned to the developer to correct the deficiencies and must be resubmitted for approval within the time established by the community development director.
(5) Filing of Final Plat. Approval of the final plat by the city as provided by this regulation shall be conditioned on its prompt recording. The developer shall, without delay, submit the final plat for signatures of other public officials required by law. Approval of the final plat shall be null and void if the plat is not recorded within 30 days after the date the last required approving signature has been obtained. Prior to issuance of any development permits the applicant shall provide to the planning department one copy of the recorded final plat signed by all public officials.
(M) Time Limit on Approvals.
(1) The developer shall submit a plat, including a survey, within 12 months after approval of the partition.
(2) The community development director may grant time extensions allowing up to 12 additional months for platting of the partition if justifiable cause is shown; however, a time extension cannot be granted to allow platting to be submitted more than two years from the date the partition was approved.
(3) If the developer wishes to proceed with the partition and has not submitted the plat within the required time or approved extensions of time, the developer shall resubmit the preliminary plat to the community development director with appropriate information and a fee for reprocessing the request according to the provisions for partition approval in effect at the time of resubmission.
(N) Appeal of a Decision. Any person receiving notice who disagrees with the community development director’s interpretation may appeal that interpretation to the planning commission at its next appropriate regularly scheduled meeting. Any party to the proceeding disagreeing with the planning commission interpretation may appeal that interpretation to the city council at its next appropriate regularly scheduled meeting. [Ord. 810, 2000; Code 2000 § 11.30.23; Ord. 841 Exhs. 1, 2, 2003; Ord. 874 Exh. (1)(B), 2006; Ord. 2016-011 § 1 (Exh. A), 2016; Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2018-02 § 1 (Exh. A), 2018; Ord. 2020-05 § 1 (Exh. A), 2020.]
17.05.040 Subdivisions.
(A) Procedure Type – Preliminary Plats. The community development director shall coordinate and assemble through the facilities and design review process the reports and data submitted by the applicant, affected city departments and any governmental agencies having an interest in subdivisions. The community development director shall determine whether the subdivision meets the criteria in subsection (C) of this section.
(B) Scope of Regulations.
(1) This section shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of Ordinance No. 428, except where there is proposed a replatting or modification of lot sizes or the layout and construction of streets or other land improvements requiring a replatting or survey recording. Nor is this section intended to repeal or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by Ordinance No. 428, or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the city is a party. However, where this section imposes a greater restriction upon the land than is imposed or required by existing provisions of law, ordinance, contract or deed, this section shall control.
(2) Where an application involves no variance request(s) and/or where modifications to the standards specified in this chapter have been previously approved by the planning commission through the planned unit development process, the community development director may take action to approve or deny the land division pursuant to the Type II procedure provided in CMC 18.10.070(A)(2).
(3) In cases where applications involve a variance requiring a public hearing, the planning commission shall make the decision regulating land divisions that the community development director would otherwise make. In this case, the process and timeline for approval or denial of the subdivision shall be consistent with a Type III review procedure as described in CMC 18.15.010(C). The community development director shall prepare a report summarizing the factors involved including proposed findings, reasons, conclusions and recommendations, and shall place the report on the commission’s agenda in a manner consistent with the commission’s adopted rules for public hearings. If the materials do not meet the applicable requirements, the community development director shall advise the applicant of the deficiencies and submit the report to the commission with a recommendation for denial.
(4) Neighborhood Review Meeting. Prior to submitting a land division application that is subject to a variance request, the applicant shall conduct a neighborhood review meeting regarding the proposed land division application. The neighborhood review meeting must be held at an accessible location within the Cornelius city limits.
(5) The applicant may withdraw the application at any time.
(C) Approval Criteria. In order to approve a preliminary plat, findings of fact shall be made to support the following conclusions:
(1) The proposal conforms with the city’s comprehensive plan; and
(2) The proposal complies with all applicable statutory and ordinance requirements and regulations; and
(3) Adequate public facilities are available to serve the proposal; and
(4) All proposed lots conform to the size and dimensional requirements of this chapter; and
(5) All proposed improvements meet city standards; and
(6) That the phasing plan, if requested, can be carried out in a manner which meets the objectives of the above criteria and provides necessary public improvements for each phase as it develops.
(D) Special Conditions.
(1) No preliminary plat of a subdivision shall be approved which bears a name using a word which is the same as, similar to, or pronounced the same as a word in the name of any other subdivision in Washington 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.
(2) No preliminary plat shall be approved unless it bears the signature of the chairman of the planning commission and the community development director.
(3) Streets. No preliminary plat for a proposed subdivision shall be approved unless:
(a) General. The location, width and grade of streets shall be considered in relation to existing and planned streets, to topographical conditions, to public convenience and safety, and to the proposed use of the land to be served by such streets. Where location is not shown in the comprehensive plan, the arrangement of the streets in a division shall either:
(i) Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or
(ii) Conform to standards adopted by the city. All streets shall be designed in accordance with adopted Cornelius public works standards and the adopted Cornelius transportation system plan.
(b) Reserve Strips. Reserve strips or street plugs controlling the access to streets will not be approved unless necessary for the protection of the public welfare or of substantial property rights, and in such cases as they may be required. The control and disposal of the land composed of such strips shall be placed within the jurisdiction of the city under conditions approved by the community development director.
(c) Alignment. As far as practical, all streets other than minor streets or cul-de-sacs shall be in alignment with existing streets by continuations of the center lines thereof.
(d) Future Extension of Streets. In the case of dead-end stub streets that will connect to streets on adjacent sites in the future, notification that the street is planned for future extension shall be posted on the stub street until the street is extended and shall inform the public that the dead-end street may be extended in the future.
(e) Intersection Angles. Streets shall be laid out so as to intersect at an angle as near to a right angle as practical except where topography requires a lesser angle, such as for special intersection design.
(f) Existing Streets. Whenever existing streets adjacent to or within a tract are of inadequate width, additional right-of-way shall be provided at the time of land division.
(g) Half Streets. Half streets, while generally not acceptable, may be approved where essential to the reasonable development of the land division when in conformity with the other requirements of these regulations, and when the community development director finds it will be practical to require the dedication of the other half when the adjoining property is divided. The community development director may require up to an additional 10 feet of right-of-way and improvements to provide for a safe travel surface. Whenever a half street is adjacent to a tract to be divided, the other half of the street shall be platted within such tract. Reserve strips and street plugs may be required to preserve the objectives of half streets.
(h) Cul-De-Sacs, Hammerheads, and Woonerfs. The use of cul-de-sac designs and closed-end street systems shall be limited to situations where topography, existing development, barriers such as railroads or highways, or environmental constraints such as major streams and rivers prevent full street extensions. If cul-de-sacs are used, they shall be designed in accordance with adopted Cornelius public works standards. In any instance, no more than 25 dwelling units shall be served by a cul-de-sac. Unless otherwise approved by the city engineer, no more than six dwelling units shall be served by a woonerf. In proposed development or where redevelopment potential exists, and a street connection is not proposed, one or more accessways may be required to connect a cul-de-sac to public streets, to other accessways, or to property lines to allow for future connections. Redevelopment potential exists when assessed building value per square foot is less than 50 percent of the mean value per square foot of surrounding buildings on lots within a 500-foot distance as measured from any point of the property line. An accessway will not be required where the impacts from new development, redevelopment or both are low and do not provide reasonable justification for the estimated costs of such accessway.
(i) Accessways linking cul-de-sacs shall be as short as possible and, wherever practical, straight enough to allow one end of the path to be seen from the other.
(ii) Accessways linking cul-de-sacs shall be lighted to a minimum level of one-half foot-candle. Lighting shall have cut-off fixtures so that no glare is emitted beyond the accessway and onto adjacent properties.
(i) Grades and Curves. Grades shall not exceed six percent on major or secondary arterials, 10 percent on collector streets, or 12 percent on any other street. In flat areas, allowance shall be made for finished street grades having a minimum slope of one-half percent.
(j) Lots Abutting Arterial Streets. Where a land division abuts or contains an existing or proposed arterial street, the community development director may require frontage roads, reverse frontage lots with suitable depth, screen planting contained in a nonaccess reservation along the rear or side property line, or such other treatment as may be part of an approved street design plan or may be necessary for adequate protection of residential properties, to provide separation of through and local traffic, and be aesthetically pleasing.
(k) Trees. Trees shall be installed along street frontages in accordance with the adopted Cornelius public works standards. Actual location and spacing of trees shall be at the discretion of the city engineer.
(l) The streets and roads shall be named in accordance with standards and plans established by the planning commission.
(m) The minimum street width shall comply with the standards and design identified in Chapter 5 of the adopted Cornelius public works standards.
The city and the planning commission shall consider in their traffic analysis, congestion management solutions as mandated by Title 6 of the Metro’s Urban Growth Management Functional Plan.
(4) Blocks. The lengths, widths, and shapes of blocks shall be designed with due regard to providing adequate building sites suitable to the special needs of the type of use contemplated, needs for convenient access, circulation, control and safety of street traffic, limitations and opportunities of topography, and conformance with the adopted Cornelius public works standards. Application of conditions in subsections (D)(4)(a), (b) and (c) of this section shall be reviewed and may be approved by the city. Mixed-use and residential development on proposed sites of five acres or greater must submit a site plan that identifies conceptual street connections that are consistent with Figure 8-3 of the TSP.
(a) Physical or topographic conditions make an accessway connection impracticable. Such conditions include but are not limited to freeways, railroads, slopes in excess of city standards for maximum slopes, or wetlands or other bodies of water which make provision of a connection impracticable.
(b) Existing buildings or other development on adjacent lands physically preclude a connection now or in the future considering the potential for redevelopment.
(c) Where accessways would violate provisions of leases, easements, covenants, or restrictions written and recorded as of May 1, 2000.
(d) Variances. A variance to street spacing standards may be granted pursuant to Chapter 18.115 CMC if resources are present that are mapped on the Natural Resources Map, where street spacing can be achieved at a minimum of 800 feet and no greater than 1,200 feet. Where habitat quality or the length of the crossing required prevents a full street connection, an exception to the street spacing standards may be granted, pursuant to Chapter 18.115 CMC.
(e) An accessway will not be required where the impacts from new development, redevelopment or both are low and do not provide reasonable justification for the estimated costs of such accessway.
(f) Exceptions to the above standards may be granted when blocks are divided by one or more pathways, where spacing is no more than 330 feet as measured from the right-of-way or easement line and in conformance with provisions of Chapter 18.115 CMC (Variances). Pathways shall be located to minimize out-of-direction travel by pedestrians and may be designed to accommodate bicycles.
(5) Easement.
(a) Utility Lines. Easements for sewers, drainage, water mains, electric lines, or other utilities shall be dedicated. Easements for water, sewer, or drainage on interior lot lines shall be 20 feet in width, the center line of which shall be the lot lines. Easements for water, sewer, or drainage along exterior lot lines shall be 20 feet in width, except no easement will be required for those lot lines paralleling a street or other public way. Tie-back easements shall be six feet wide and 20 feet long along lot side lines at change of direction points of the lot lines. Easements for utilities such as electrical, gas, cable, and fiber optics (public utility easement, or PUE) shall be dedicated along all right-of-way frontages, including woonerfs, and shall be eight feet in width. A PUE is not required along the right-of-way of an alley, unless a parcel on an alley does not also front on a street or woonerf directly.
(b) Watercourses. Where a land division is traversed by a watercourse, drainage way, channel, or stream, a storm water easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width as will be adequate for the purpose, may be required. Streets or parking ways parallel to watercourses may be required. Watercourse easements and drainage rights-of-way shall be consistent with Clean Water Services (CWS) standards.
(6) Lot Size and Shape. Lot size, width, shape and orientation shall conform to the requirements of this chapter for the applicable zoning district.
(a) Where a tract is subdivided into larger parcels than the minimum lot size under the city zoning regulations, such parcels shall be arranged so as to allow the opening of future streets and logical further resubdivisions.
(b) Lot configurations shall meet the provisions of Chapter 18.155 CMC (Solar Access for New Development).
(7) Access. Each lot shall abut upon a public street for a distance of at least 20 feet.
(8) Dedications. Public streets, sidewalks, pedestrian ways, bike paths, parks, open space, and other public rights-of-way required by or reasonably related to the development shall be dedicated or otherwise conveyed to the city or the appropriate jurisdiction for maintenance. Further, any park or open space proposed may be required to be dedicated to the public if it is designated in the city’s comprehensive plan. An appropriate instrument granting or conveying the park or open space must be approved by the jurisdiction to whom the park or open space is being dedicated prior to final plat approval.
(9) Utilities. All utilities shall be placed underground per standards identified by the city engineer.
(10) Street Trees. Trees shall be installed along street frontages in accordance with the adopted Cornelius public works standards.
(11) Homeowners’ Associations and Declarations. When a homeowners’ association agreement or other restrictive covenants are to be recorded with the development, a copy of the appropriate documents shall be submitted for review by the city attorney prior to recordation of the final plat. The city shall review such documents to ensure that common areas are properly maintained and that other restrictions required by the city are included.
(12) Variances. The planning commission may authorize a variance from these regulations when, in its opinion, undue hardship may result from strict compliance. Application for a variance shall be submitted in writing by the subdivider, at the time the preliminary plat is filed, for consideration by the planning commission. The variance request shall address the criteria found in Chapter 18.115 CMC. It should also state fully the grounds for the application and all the facts relied upon by the petitioner.
(13) Planned Unit Development (PUD). A planned unit development approved by the planning commission shall not be subject to the provisions of this section, except as identified in Chapter 18.110 CMC, Planned Unit Development (PUD) Conditional Use.
(E) Compliance with Approval.
(1) Requirements Prior to Commencement of Work. Prior to any construction, improvements or land development, the developer shall perform the following:
(a) The developer shall file detailed plans and specifications for all public improvements or land development together with a detailed cost estimate and an estimate of time reasonably necessary to complete such improvements for approval by the city engineer or designee.
(b) These submitted plans shall include a plan for erosion control during construction, which conforms to the standards established by resolution of the city council.
(c) The developer shall enter into a contract with the city of Cornelius to make, install and complete within the time fixed, but in no case more than two years from the date of execution of said contract without written approval by the city engineer and community development director, all improvements in accordance with the approved plans prior to acceptance of the improvements by the city and/or plat recordation. If the developer chooses to bond for said improvements prior to acceptance of the improvements (to allow plat recordation to occur prior to completion of the public improvements), the developer shall cause to be filed with the city recorder a security acceptable to the city manager payable to the city of Cornelius in a principal sum determined from the approved estimate of the costs of said improvements of this section. The security shall assure the performance of the said contract and the completion of the said improvements, free of liens. Notwithstanding any of the above, a security shall be provided for any improvements to be performed within public rights-of-way and/or public easements.
(d) The amount of the security shall be based on an estimate of the cost of the work approved by the city engineer in accordance with the following schedule:
(i) Public and private improvements within public rights-of-way and/or public easements, and all erosion control measures, in conformance with city and Clean Water Services standards, equals 150 percent of cost estimate.
(e) Fees. The fees, deposits and charges to be paid by the subdivider may be established or amended by resolution of the council in accordance with the provisions of CMC 18.05.080, General Provisions.
(2) Improvement Procedures. All improvements shall conform to the requirements of this chapter and any other improvements standards or specifications adopted by resolution of the city council and shall be installed in accordance with the following procedures:
(a) Improvement work shall not be commenced until plans have been checked for adequacy and approved by the city. To the extent necessary for evaluation of the land division proposal, such plans may be required before approval of the final plat.
(b) Improvement work shall not be commenced until the developer has secured the appropriate development permit. If work has been discontinued for any reason, it shall not be resumed until the city has been notified and consented in writing.
(c) All required improvements shall be constructed under the inspection and to the specifics of the city engineer, adopted Cornelius public works standards, and Cornelius Municipal Code. The city may require changes in typical sections and details if unusual conditions arise during construction to warrant such change in the interests of the city or the developer. Upon acceptance of the required improvements, the city engineer shall notify the developer that the improvements are acceptable as per Cornelius Municipal Code. Acceptance shall be in writing.
(d) All underground utilities, sanitary sewers, storm drains and cable communication system facilities installed in streets shall be constructed prior to the surfacing of such streets. Stubs for service connections for all underground utilities, sanitary sewers and cable communication system facilities shall be placed to such length as will obviate the necessity for disturbing the street improvements when service connections are made.
(e) A map showing all public improvements as built shall be filed with the city engineer upon completion of said improvements.
(3) Improvement Requirements. Improvements to be installed at the expense of the developer are as follows:
(a) Streets.
(i) All streets, including alleys.
(ii) Streets adjacent but only partially within the partition or subdivision.
(iii) The extension of the land division streets to the intercepting paving line of existing streets with which the land division streets intersect.
(iv) Arterial or collector streets which intersect with streets within the development that provide ingress or egress to the development or on which there are traffic impacts reasonably related to the development.
(v) All streets shall be built in accordance with adopted Cornelius public works standards and the adopted Cornelius transportation system plan.
(b) Surface Drainage and Storm Sewer System. Drainage facilities shall be provided within the land division to connect the land division drainage to drainage ways or storm sewers outside the land division. Design of drainage shall be in accordance with adopted Cornelius public works standards and shall allow for the extension of the system to serve other areas.
(c) Sanitary Sewers. Sanitary sewers shall be designed in accordance with adopted Cornelius public works standards and installed to serve the land division and to connect the land division to existing mains.
(d) Water System. Water lines with valves and fire hydrants serving the land division, connecting the land division to city mains, shall be installed in conformance with the adopted Cornelius public works standards. The design and construction by the developer shall take into account provisions for extension beyond the land division and to adequately grid the city system.
(e) Street Trees. Street trees shall be planted along street frontages in accordance with the following:
(i) For all land divisions, the developer shall pay a per tree security to the city. The surety bond shall be based upon the number of trees included in an approved street tree plan.
(ii) Trees shall be planted in accordance with the adopted Cornelius public works standards.
(f) Bike and Pedestrian Ways. Bike and pedestrian ways shall be constructed according to adopted Cornelius public works standards.
(g) Other improvements reasonably related to the impacts of the development which may be required at the partial or total expense of the developer:
(i) Improvement of arterial and collector streets providing primary access to land division streets.
(ii) Signals, traffic control devices, and traffic calming devices.
(iii) Intersection improvements.
(iv) Parks and open space shall be improved as required by the city and appropriate jurisdiction.
(v) Land parcels to be reserved for any special purpose, other than for sale, are to be distinguished from lots intended for sale.
(h) Street Lights. Street lights shall be installed in accordance with adopted Cornelius public works standards.
(i) Curb cuts and driveway installations are not required of the developer but, if installed, shall be according to adopted Cornelius public works standards.
(j) Internal sidewalks or pathways shall be provided to ensure safe and convenient pedestrian circulation throughout the development.
(4) Preliminary Approval. After approval of the preliminary plat in the manner indicated in this section, the subdivider may proceed with the final surveying, and preparation of the final plat.
(5) Final Plat Approval. The community development director shall review the final plat for compliance with the approved preliminary plat. If the community development director determines that the final plat conforms to the approved preliminary plat, the community development director shall so certify and sign the final plat. If the final plat does not conform, it shall be returned to the developer to correct the deficiencies and must be resubmitted for approval within the time established by the community development director.
(a) Supplemental Information – Final Plat. The following data shall accompany the final plat:
(i) A preliminary lot, book title report issued by a title insurance company in the name of the owner of the land, showing all parties having any record title interest in the premises.
(ii) A copy of deed restrictions, including building setback lines, if any are applicable to the subdivision, and a copy of any dedication which required separate documents.
(iii) A certificate by the city engineer certifying that the subdivider has complied with one of the following alternatives:
A. All improvements have been installed in accordance with the requirements of these regulations and with the action of the community development director or the planning commission giving tentative approval of the preliminary plat and a maintenance bond posted with the city as provided in this subsection.
B. An agreement has been executed and assurance of performance posted with the city as provided in this subsection.
(b) In subdivisions that are to be served by community water systems and/or community sewage collecting and treatment systems, a certificate from the Washington County department of public health indicating that these systems have had the necessary official public health clearance and approval by the legally responsible regulating agency.
(c) The following certificates, which may be combined where appropriate:
(i) The final plat shall contain a certificate signed and acknowledged by all parties having any record title interest in the land subdivided.
(ii) An affidavit signed by the engineer or the surveyor responsible for the survey and final map, the signature of such engineer or surveyor to be accompanied by his seal.
(iii) Provisions for all other certifications now or hereafter required by law.
(6) Filing of Final Plat. Approval of the final plat by the city as provided by this regulation shall be conditioned on its prompt recording. The developer shall, without delay, submit the final plat for signatures of other public officials required by law. Approval of the final plat shall be null and void if the plat is not submitted to the Washington County recorder for recordation within 30 days after the date the last required approving signature has been obtained. The city may request developer to provide proof that the developer has submitted the final plat to the Washington County recorder for recordation.
(a) Prior to submittal of any building permit applications the applicant shall provide to the planning department one copy of the recorded final plat signed by all public officials.
(F) Modifications. Changes, alterations or enlargements to previously approved preliminary or final subdivision plats shall require a new request for approval through the Type II process.
(G) Time Limit on Approvals – Submission of Final Plat.
(1) The developer shall submit a final plat, including a survey, within 12 months after approval of the preliminary plat. The community development director may grant time extensions allowing up to 12 additional months for final platting if justifiable cause is shown.
(2) If the community development director has authorized a time schedule for phasing the final platting, that schedule shall apply. The community development director may grant time extensions allowing up to 12 additional months for final platting of each phase if justifiable cause is shown; however, a time extension cannot be granted to allow final platting for any phase to be submitted more than five years from the date the preliminary plat was approved.
(3) If the developer wishes to proceed with the land division and has not submitted the final plat within the required time or approved extensions of time, the developer shall resubmit the preliminary plat to the community development director with appropriate information for reprocessing the request according to the provisions for preliminary plat approval in effect at the time of resubmission.
(H) Appeal of a Decision. Appeal of a decision shall be filed in accordance with CMC 18.15.090, and the period for filing the appeal shall be 10 days. [Ord. 696 § 2, 1989; Ord. 695 § 1, 1990; Ord. 810, 2000; Code 2000 § 11.30.24; Ord. 841 Exhs. 1, 2, 2003; Ord. 874 Exh. (1)(B), 2006; Ord. 2016-011 § 1 (Exh. A), 2016; Ord. 2017-01 § 1 (Exh. A), 2017; Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2018-02 § 1 (Exh. A), 2018; Ord. 2018-05 § 1 (Exh. A), 2018; Ord. 2020-05 § 1 (Exh. A), 2020; Ord. 2024-03 § 1 (Exh. A), 2024.]
17.05.050 Fee ownership subdivision.
(A) Purpose. To encourage flexibility in building design, while providing for open space, adequate light, air and safety, development in the multi-family, commercial and industrial zones which features multiple units, spaces or dwellings that may be divided by units to allow fee ownership of individual units.
(B) Procedure Type.
(1) The community development director shall coordinate and assemble through the Facilities review process the reports and data submitted by the applicant, affected city departments and any governmental agencies having an interest in fee ownership in the multi-family, commercial and industrial zones. The community development director shall determine whether the request meets the criteria in CMC 17.05.030 or 17.05.040. The community development director shall approve, approve with conditions or deny the request in writing based upon the criteria of CMC 17.05.030 or 17.05.040, as appropriate, within 45 days of its submittal.
(2) Notice and review of the community development director’s decision shall be pursuant to CMC 18.15.010(B).
(C) Application Requirements. The community development director shall provide forms that specify the information required for review of a fee ownership subdivision. The applicant shall prepare a map together with other supplementary material as may be required and shall submit the necessary number of copies to the community development director.
(D) Approval Criteria. The community development director shall reduce the site development standards for lot area, lot dimension, building setbacks, building coverage, landscaping, parking and street frontage for the lot to allow fee ownership of the land on which the unit rests in the multi-family, commercial and industrial zones, provided the following criteria are met:
(1) As a whole, the development of which the unit is a part meets the criteria of this chapter for lot area, lot dimensions, setbacks, parking, lot coverage, landscaping, public facilities and street frontage.
(2) The development as a whole, the unit for which fee ownership is desired and any unit affected by the division shall meet all building, plumbing and fire code standards.
(3) Ingress and egress is provided to all lots.
(4) Parking is provided in accordance with the standard of this chapter for the individual unit either on the new lot or through easements as described in subsection (D)(6) of this section. If assigned parking is provided, it shall meet chapter standards.
(5) Adequate public facilities are provided to the new lot.
(6) The applicant provides deed covenants required that address: parking, maintenance of buildings and utilities, landscaping and common areas, ingress and egress. The deed covenants must be approved by the city attorney and community development director.
(E) Special Conditions. Applicant shall comply with application requirements for a subdivision request, CMC 17.05.040.
(F) Compliance with Approved Plans. A final plat shall be required for the division of land involving four or more lots and shall be in accordance with CMC 17.05.040(E)(5) and (6).
(G) Time Limit on Approvals.
(1) The developer shall submit a final plat, including a survey, within 12 months after approval of the preliminary plat. The community development director may grant time extensions allowing up to 12 additional months for final platting if justifiable cause is shown.
(2) If the community development director has authorized a time schedule for phasing the final platting, that schedule shall apply. The community development director may grant time extensions allowing up to 12 additional months for final platting of each phase if justifiable cause is shown; however, a time extension cannot be granted to allow final platting for any phase to be submitted more than five years from the date the preliminary plat was approved.
(3) If the developer wishes to proceed with the fee ownership land division and has not submitted the final plat within the required time or approved extensions of time, the developer shall resubmit the preliminary plat to the community development director with appropriate information for reprocessing the request according to the provisions for preliminary plat approval in effect at the time of resubmission.
(H) Appeal of a Decision. Appeal of a decision shall be filed in accordance with CMC 18.15.090, and the period for filing the appeal shall be 10 days. [Ord. 810, 2000; Code 2000 § 11.30.25; Ord. 841 Exh. 2, 2003.]
17.05.060 Middle housing land divisions.
(A) Purpose. To provide a simplified and expedited process for subdividing or partitioning lots with middle housing so that each unit is on a separate property, which enables middle housing dwelling units to be sold and owned individually.
(B) Applicability. Middle housing on a lot or parcel, as allowed under ORS 197.788(2) or (3) and House Bill 2001 (2019). This applies to duplexes, triplexes, quadplexes, townhouses, and cottage clusters in the R-7, R-10, and CR zones.
(C) Application Requirements. The community development director shall provide forms that specify the information required for review of a middle housing land division.
(D) Approval Criteria. The applicant shall demonstrate that the application meets the following criteria:
(1) Existing Compliance. The middle housing development complies or will comply with the Oregon Residential Specialty Code, Cornelius building requirements (administered by city of Forest Grove), and applicable CMC middle housing regulations.
(2) Separate Utility Connections. Separate utility service connections for public water, sewer, and storm water will be provided for each dwelling unit. The separate utility connections for each dwelling must connect directly to the city line.
(3) Easements. Easements will be provided as necessary for each dwelling unit on the site for:
(a) A public easement for locating, accessing, replacing, and servicing all utilities, consistent with CMC 17.05.030(F). The easement must have one line for water and one line for sewer that connect to each unit, and one manhole in the easement shall be provided to access the utility lines.
(b) Pedestrian access from each dwelling unit to a private or public road.
(c) Common areas or shared building elements.
(d) Shared driveways or parking.
(4) One Dwelling Unit per Lot. Exactly one dwelling unit will be located on each resulting lot or parcel (secondary lot), except for lots, parcels, or tracts used as common areas, on which no dwelling units will be permitted.
(5) Frontage Improvements. Where a resulting secondary lot abuts a street that does not meet city standards, street frontage improvements will be constructed and, if necessary, additional right-of-way will be dedicated, in accordance with Cornelius public works standards. Street frontage improvements or additional right-of-way must be completed or guaranteed prior to the MHLD.
(E) Preliminary Plat Submittal. An application for an MHLD shall include the following:
(1) A description of the manner in which the proposed division complies with each of the provisions of subsection (E)(2) of this section, and other evidence necessary to demonstrate:
(a) How buildings or structures on a resulting secondary lot will comply with applicable building code provisions related to new property lines; and
(b) Notwithstanding the creation of new lots, how structures or buildings located on the newly created secondary lots will comply with the Oregon Residential Specialty Code.
(c) On a lot or parcel where construction is complete, a copy of an approved building permit must be submitted with the MHLD application.
(d) How the existing or proposed structure complies with applicable zoning designations.
(2) Copies of a plat showing the following details:
(a) Existing or proposed separate utility connections for each dwelling unit, consistent with subsection (D)(2) of this section.
(b) Existing or proposed easements necessary for each dwelling unit on the plan, consistent with subsection (D)(3) of this section.
(3) Preliminary Plat Conditions of Approval.
(a) The preliminary plat for the MHLD shall:
(i) Prohibit further division of the resulting secondary lots.
(ii) Require that a notation appear on the final plat indicating:
A. The approval was given under ORS Chapter 92.
B. The middle housing types approved for the primary lot.
C. Development and design standards for the middle housing type apply to the primary lot and not the secondary lots.
D. Accessory dwelling units are not permitted on secondary lots resulting from a middle housing land division.
(b) The city shall not attach conditions of approval that a secondary lot require driveways, vehicle access, parking, or minimum or maximum street frontage.
(F) Preliminary Plat Procedures for Middle Housing Land Divisions. Unless the applicant requests to use the procedure set forth in CMC 17.05.030 (Land Partitioning) or CMC 17.05.040 (Subdivisions), the city shall use the following procedure for an expedited land division (ELD), as described in ORS 197.360, or a middle housing land division (MHLD).
(1) Completeness Review.
(a) If the application of an ELD or MHLD is incomplete, the city shall notify the applicant within 21 days of receiving the application. The application shall be deemed complete on the date the applicant submits the requested information or refuses in writing to submit it;
(b) If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted; or
(c) The applicant may request to be reviewed under those standards and criteria that are operative at the time of the request.
(i) All timelines for completeness review and final decisions restart as if a new application were submitted on the date of the request.
(ii) The request may be denied if:
A. The public notice has been mailed or published; or
B. A prior request to restart has been made; and
C. A fee may be charged only to cover the additional costs to accommodate the request; and
D. A new application may not be requested, unless information submittal is required to address changes in information or locations or additional narrative is required to understand the request in context; and
E. A new process or hearing cannot be required that is not applicable to the change in standards or criteria.
(2) Notice of Application.
(a) On receipt of a complete application, written notice shall be provided to owners of property within 100 feet of the entire contiguous site for which the application is made and to any city council-recognized neighborhood association(s) whose boundaries include the site. Notice shall also be provided to any agency responsible for providing public services or facilities to the subject site. The notification list shall be compiled from the most recent property tax assessment roll. For purposes of appeal to the referee under ORS 197.375, this requirement shall be deemed met when the local government can provide an affidavit or other certification that such notice was given.
(b) The notice shall include the following:
(i) The deadline for submitting written comments;
(ii) A statement of issues that may provide the basis for an appeal to the referee must be raised in writing prior to the expiration of the comment period; and
(iii) A statement that issues must be raised with sufficient specificity to enable the local government to respond to the issue;
(iv) The applicable criteria for the decision;
(v) The place, date, and time that comments are due;
(vi) A time and place where copies of all evidence submitted by the applicant will be available for review;
(vii) The street address or other easily understood geographical reference to the subject property;
(viii) The name and telephone number of a local government contact;
(ix) A brief summary of the local decision-making process for the land division decision being made.
(3) There shall be a minimum 14-day period to allow for submission of written comments prior to the community development director’s decision.
(4) There shall be no public hearing on the application.
(5) The community development director shall make a decision on the application within 63 days of receiving a completed application.
(6) The community development director’s decision shall be based on applicable elements of the Cornelius Municipal Code and comprehensive plan. An approval may include conditions to ensure that the application meets applicable land use regulations.
(7) Notice of the decision shall be provided to the applicant and to those who received notice under subsection (F)(2) of this section within 63 days of the date of a completed application. The notice of decision shall include:
(a) A summary statement explaining the determination; and
(b) An explanation of appeal rights under ORS 197.375.
(8) Failure to approve or deny application within specified time.
(a) After seven days’ notice to the applicant, the city council may, at a regularly scheduled public meeting, take action to extend the 63-day time period to a date certain for one or more applications for an expedited land division prior to the expiration of the 63-day period, based on a determination that an unexpected or extraordinary increase in applications makes action within 63 days impracticable. In no case shall an extension be to a date more than 120 days after the application was deemed complete. Upon approval of an extension, the provisions of ORS 197.360 to 197.380, including the mandamus remedy provided by ORS 197.370(1), shall remain applicable to the expedited land division, except that the extended period shall be substituted for the 63-day period wherever applicable.
(b) The decision to approve or deny an extension under subsection (F)(8)(a) of this section is not a land use decision or limited land use decision.
(9) A decision may be appealed within 14 days of the mailing of the decision notice by the applicant or a person or organization who files written comments within the time period described in subsection (F)(3) of this section. The appeal must include the appeal application and a $300.00 deposit for costs.
(10) An appeal shall be based solely on one or more of the allegations:
(a) The decision violates the substantive provisions of the applicable land use regulations;
(b) The decision is unconstitutional;
(c) The application was not eligible for review under subsection (B) of this section and should be reviewed as a land use decision or limited land use decision;
(d) The appellant’s substantive rights were substantially prejudiced by a procedural error.
(11) The city shall use the city hearings officer to decide the appeal decision and the hearings officer shall comply with ORS 197.375(3) through (6) when issuing a decision. The hearings officer may not be a city employee or official.
(G) Final Plat Procedures for Middle Housing Land Divisions.
(1) Middle Housing Land Division (MHLD) – Final Plat Review Criteria. Approval of a final plat for a MHLD will be granted if the review body finds the applicant has met the following criteria:
(a) The final plat substantially conforms to the preliminary plat.
(b) Conditions of approval attached to the preliminary plat have been satisfied.
(c) All proposed improvements required to satisfy applicable standards of the CMC have been constructed.
(2) Final Plat Submittal. An application for a MHLD final plat shall include the same items required under subsection (C) of this section, as directed by the community development director. [Ord. 2022-03 § 1 (Exh. A), 2022; Ord. 2024-03 § 1 (Exh. A), 2024.]
17.05.070 Expedited land divisions.
(A) Purpose. An expedited land division (ELD) shall be defined and may be used as provided under ORS 197.360 through 197.380.
(B) Applicability. An applicant who wishes to use an ELD procedure for a partition, subdivision, or planned unit development instead of the regular procedure type assigned to it must request the use of the ELD in writing at the time the application is filed, or the right to use it is waived.
(C) Completeness.
(1) If the application of an ELD is incomplete, the city shall notify the applicant within 21 days of receiving the application. The application shall be deemed complete on the date the applicant submits the requested information or refuses in writing to submit it;
(2) If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted; or
(3) The applicant may request to be reviewed under those standards and criteria that are operative at the time of the request.
(a) All timelines for completeness review and final decisions restart as if a new application were submitted on the date of the request.
(b) The request may be denied if:
(i) The public notice has been mailed or published; or
(ii) A prior request to restart has been made; and
(iii) A fee may be charged only to cover the additional costs to accommodate the request; and
(iv) A new application may not be requested, unless information submittal is required to address changes in information or locations or additional narrative is required to understand the request in context; and
(v) A new process or hearing cannot be required that is not applicable to the change in standards or criteria.
(D) Review Procedure and Approval Criteria
(1) Selection. An applicant who wishes to use an ELD procedure for a partition, subdivision or planned unit development instead of the regular procedure type assigned to it must request the use of the ELD in writing at the time the application is filed, or the right to use it is waived.
(2) Review Procedure and Approval Criteria. All applications for expedited land divisions shall comply with ORS 197.360 through 197.380, the Cornelius comprehensive plan, applicable zoning designation, and submittal requirements requested under subsection (C) of this section.
(a) For an ELD to be considered, the proposed land division must demonstrate how it complies with the following:
(i) The primary lot is zoned for residential uses and is within the urban growth boundary.
(ii) The primary lot is solely for the purpose of residential use, including recreational or open space uses accessory to residential use.
(b) The land division will not provide for dwellings or accessory buildings to be located on land that is within the following overlay zones:
(i) Natural resources overlay (Chapter 18.95 CMC).
(ii) Floodplain district (Chapter 18.90 CMC).
(c) The land division satisfies minimum street or other right-of-way connectivity standards established by the city’s transportation system, engineering design manual, and the Municipal Code.
(d) The land division will result in development that either:
(i) Creates enough lots or parcels to allow building residential units at 80 percent or more of the maximum net density permitted by the zoning designation or the site; or
(ii) All dwellings will be sold or rented to households with incomes below 120 percent of the median family income for Washington County. A copy of a deed restriction or other legal mechanism approved by the director shall be submitted.
(E) Appeal Procedure. An appeal of an ELD shall follow the procedures in ORS 197.375. Where the city has not otherwise appointed a hearings officer (referee) for such appeals, and the city attorney is a contractor (not a city employee), the city attorney shall serve as the referee for ELD appeals.
(F) Final Plat Requirements for Expedited Land Division. The community development director shall review the final plat for compliance with the approved preliminary plat. If the community development director determines that the final plat conforms to the approved preliminary plat, the community development director shall so certify and sign the final plat. If the final plat does not conform, it shall be returned to the developer to correct the deficiencies and must be resubmitted for approval within the time established by the community development director. [Ord. 2024-03 § 1 (Exh. A), 2024.]