Chapter 17.403
LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS
Sections:
17.403.020 General requirements.
17.403.030 Preliminary plat approval process.
17.403.040 Preliminary plat submission requirements.
17.403.050 Preliminary plat approval criteria.
17.403.060 Land division related variances.
17.403.070 Final plat submission requirements and approval criteria.
17.403.080 Filing and recording.
17.403.090 Replatting and vacation of plats.
17.403.100 Property line adjustments.
17.403.110 Validation of unit of land not lawfully established.
17.403.010 Purpose.
The purpose of this chapter is to implement the objectives in subsections (A) through (E) of this section:
A. Provide rules, regulations and standards governing the approval of subdivisions, partitions and property line adjustments as follows:
1. Subdivisions are the creation of four or more lots from one parent lot, parcel or tract, within one calendar year.
2. Partitions are the creation of three or fewer lots within one calendar year from one parent lot, parcel, or tract.
3. Property line adjustments are modifications to lot lines or parcel boundaries that do not result in the creation of new lots (includes consolidation of lots).
B. Carry out the city’s development pattern, as envisioned by the city’s comprehensive plan.
C. Encourage efficient use of land resources and public services, and provide transportation options.
D. Promote the public health, safety and general welfare through orderly and efficient urbanization.
E. Provide adequate light and air, prevent overcrowding of land, and provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards. [Ord. 521-2013 § 3 (Exh. A)].
17.403.020 General requirements.
A. Subdivision and Partition Approval Through Two-Step Process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation, according to the following two steps:
1. The preliminary plat must be approved before the final plat can be submitted for approval consideration; and
2. The final plat must demonstrate compliance with all conditions of approval of the preliminary plat.
Property line adjustments and lot consolidation requests (i.e., no new lot is created) are subject to DMC 17.403.100; they are not subject to this section through DMC 17.403.090.
B. Compliance with ORS Chapter 92. All subdivision and partition proposals shall conform to state regulations in ORS Chapter 92, Subdivisions and Partitions.
C. Adequate Utilities. All lots created through land division shall have adequate public utilities and facilities such as streets, water, sewer, gas, and electrical systems, pursuant to Chapter 17.305 DMC.
D. Adequate Drainage. All subdivision and partition proposals shall have adequate surface water drainage facilities that reduce exposure to flood damage and improve water quality. Water quality or quantity control improvements may be required, pursuant to Chapter 17.305 DMC.
E. Adequate Access. All lots created or reconfigured shall have adequate vehicle access and parking, as may be required, pursuant to Chapter 17.301 DMC. [Ord. 521-2013 § 3 (Exh. A)].
17.403.030 Preliminary plat approval process.
A. Review of Preliminary Plat. Preliminary plats shall be processed using the Type II procedure under DMC 17.401.030 for partitions, and using the Type III procedure in DMC 17.401.040 for subdivisions. All preliminary plats are subject to the approval criteria in DMC 17.403.050.
B. Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of 18 months from the date of approval. The preliminary plat shall lapse if a final plat has not been submitted or other assurance provided, pursuant to DMC 17.403.070, within the maximum four-and-one-half-year period. The planning commission may approve phased subdivisions, pursuant to subsection (D) of this section, with an overall time frame of more than two years between preliminary plat and final plat approvals.
C. Extensions. The original approval body may, upon written request by the applicant and payment of the required fee, grant written extensions of the approval period not to exceed one year per extension; provided, that all of the following criteria are met:
1. The applicant has submitted written intent to file a final plat within the one-year extension period;
2. An extension of time will not prevent the lawful development of abutting properties;
3. There have been no changes to the applicable code provisions on which the approval was based. If such changes have occurred, a new preliminary plat application shall be required;
4. The extension request is made before expiration of the original approved plan; and
5. Applicants will be limited to a maximum of three extensions per project.
D. Phased Subdivision. The city may approve a phased subdivision, provided the applicant proposes a reasonable phasing schedule that meets all of the following criteria:
1. In no case shall the construction time period (i.e., for required public improvements, utilities, streets) for the first subdivision phase be more than one year;
2. Public facilities shall be constructed in conjunction with or prior to each phase;
3. The phased development shall not result in requiring the city or a third party (e.g., owners of lots) to construct public facilities that are required as part of the approved development proposal; and
4. The proposed time schedule for phased development approval shall be reviewed concurrently with the preliminary subdivision plat application. [Ord. 521-2013 § 3 (Exh. A)].
17.403.040 Preliminary plat submission requirements.
Applications for preliminary plat approval shall contain all of the following information:
A. General Submission Requirements.
1. Information required with a Type II application for a partition, or Type III application for a subdivision (see DMC 17.401.030 or 17.401.040, as applicable);
2. Traffic impact analysis, as may be required by the city or other roadway authority.
B. Preliminary Plat Information. In addition to the general information described in subsection (A) of this section, the preliminary plat application shall consist of drawings and supplementary written material (i.e., on forms and/or in a written narrative) adequate to provide the following information, in quantities required by the city planning official:
1. General Information.
a. Name of subdivision (partitions are named by year and file number). This name shall not duplicate the name of another land division in Yamhill County;
b. Date, north arrow, and scale of drawing;
c. Location of the development sufficient to define its location in the city, boundaries, and a legal description of the site;
d. Zoning of tract to be divided, including any overlay zones;
e. A title block including the names, addresses and telephone numbers of the owners of the subject property and, as applicable, the name of the engineer and surveyor, and the date of the survey; and
f. Identification of the drawing as a “preliminary plat.”
2. Existing Conditions. Except where the city planning official deems certain information is not relevant, applications for preliminary plat approval shall contain all of the following information on existing conditions of the site:
a. Streets. Location, name, and present width of all streets, alleys and rights-of-way on and abutting the site;
b. Easements. Width, location and purpose of all existing easements of record on and abutting the site;
c. Utilities. Location and identity of all utilities on and abutting the site. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standard;
d. Ground elevations shown by contour lines at two-foot vertical interval. Such ground elevations shall be related to some established benchmark or other datum approved by the county surveyor; the city engineer may waive this standard for partitions when grades, on average, are less than six percent;
e. The location and elevation of the closest benchmark(s) within or adjacent to the site (i.e., for surveying purposes);
f. The base flood elevation, per FEMA Flood Insurance Rate Maps, as applicable;
g. North arrow and scale; and
h. Other information, as deemed necessary by the city planning official for review of the application. The city may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.
3. Proposed Development. Except where the city planning official deems certain information is not relevant, applications for preliminary plat approval shall contain all of the following information on the proposed development:
a. Proposed lots, streets, tracts, open space and park land (if any); location, names, right-of-way dimensions, approximate radius of street curves; and approximate finished street centerline grades. All streets and tracts that are being held for private use and all reservations and restrictions relating to such private tracts shall be identified;
b. Easements. Location, width and purpose of all proposed easements;
c. Lots and private tracts (e.g., private open space, common area, or street) with approximate dimensions, area calculation (e.g., in square feet), and identification numbers. Through lots shall be avoided except where necessary to provide separation of residential development from major traffic arteries, adjacent nonresidential activities, or to overcome specific issues with topography or orientation. Screening and buffering of through lots may be required pursuant to DMC 17.302.060;
d. Proposed uses of the property, including all areas proposed to be dedicated as public right-of-way or reserved as open space for the purpose of surface water management, recreation, or other use;
e. Proposed public street improvements, pursuant to Chapter 17.305 DMC;
f. Information demonstrating that proposed lots can reasonably be accessed and developed without the need for a variance and in conformance with applicable setbacks and lot coverage requirements;
g. Preliminary design for extending city water and sewer service to each lot, per Chapter 17.305 DMC;
h. Proposed method of storm water drainage and treatment, if required, pursuant to Chapter 17.305 DMC;
i. The approximate location and identity of other utilities, including the locations of street lighting fixtures, as applicable;
j. Evidence of compliance with applicable overlay zones, including but not limited to city of Dundee flood plain overlay; and
k. Evidence of contact with the applicable road authority for proposed new street connections. [Ord. 521-2013 § 3 (Exh. A)].
17.403.050 Preliminary plat approval criteria.
A. Approval Criteria. By means of a Type II procedure for a partition, or a Type III procedure for a subdivision, the city shall approve, approve with conditions, or deny an application for a preliminary plat. The decision shall be based on findings of compliance with all of the following approval criteria:
1. The land division application shall conform to the requirements of this chapter;
2. All proposed lots, blocks, and proposed land uses shall conform to the applicable provisions of DMC Division 17.200, Zoning and Land Use Requirements;
3. Access to individual lots, and public improvements necessary to serve the development, including but not limited to water, sewer and streets, shall conform to DMC Division 17.300, Development Requirements;
4. The proposed plat name is not already recorded for another subdivision, and satisfies the provisions of ORS Chapter 92;
5. The proposed streets, utilities, and surface water drainage facilities conform to city of Dundee adopted master plans and applicable engineering standards, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications;
6. All proposed private common areas and improvements, if any, are identified on the preliminary plat and maintenance of such areas is assured through appropriate legal instrument;
7. Evidence that any required state and federal permits, as applicable, have been obtained or can reasonably be obtained prior to development; and
8. Evidence that improvements or conditions required by the city, road authority, Yamhill County, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met.
B. Conditions of Approval. The city may attach such conditions as are necessary to carry out provisions of this code, and other applicable ordinances and regulations. [Ord. 521-2013 § 3 (Exh. A)].
17.403.060 Land division related variances.
Variances shall be processed in accordance with Chapter 17.406 DMC. Applications for variances shall be submitted at the same time an application for land division or lot line adjustment is submitted; when practical the applications shall be reviewed concurrently. [Ord. 521-2013 § 3 (Exh. A)].
17.403.070 Final plat submission requirements and approval criteria.
Final plats require review and approval by the city planning official prior to recording with Yamhill County. The final plat submission requirements, approval criteria, and procedure are as follows:
A. Submission Requirements. The applicant shall submit the final plat within 18 months, or as otherwise provided for in DMC 17.403.030. The format of the plat shall conform to ORS Chapter 92. The final plat application shall include the following items:
1. One original and one identical copy of the final plat for signature. The plat copies shall be printed on mylar, and must meet the requirements of the county recorder and county surveyor. The plat must contain a signature block for approval by the city administrator, in addition to other required signature blocks for county approval.
2. Written response to conditions of approval assigned to the land division.
3. A title report for the property, current within six months of the final plat application date.
4. Copies of any required dedication, easement, or other documents.
5. Copies of all homeowner’s agreements, codes, covenants, and restrictions, or other bylaws, as applicable. This shall include documentation of the formation of a homeowner’s association, including but not limited to a draft homeowner’s association agreement regarding the maintenance of planter strips adjacent to the rear yard of proposed through lots.
6. Copies of any required maintenance agreements for common property.
7. A five-year bond for sidewalk improvements, if the improvements are not constructed prior to the final plat.
8. Any other item required by the city to meet the conditions of approval assigned to the land division.
B. Approval Process and Criteria. By means of a Type I procedure, the city planning official shall review and approve, or deny, the final plat application based on findings of compliance or noncompliance with the preliminary plat conditions of approval. [Ord. 542-2015 § 3 (Exh. B); Ord. 521-2013 § 3 (Exh. A)].
17.403.080 Filing and recording.
A new lot is not a legal lot for purposes of ownership (title), sale, lease, or development/land use until a final plat is recorded for the subdivision or partition containing the lot. The final plat filing and recording requirements are as follows:
A. Filing Plat with County. Within 60 days of the city approval of the final plat, the applicant shall submit the final plat to Yamhill County for signatures of county officials as required by ORS Chapter 92.
B. Proof of Recording. Upon final recording with the county, the applicant shall submit to the city a paper copy of all sheets of the recorded final plat. This shall occur prior to the issuance of building permits for the newly created lots.
C. Prerequisites to Recording the Plat.
1. No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92;
2. No plat shall be recorded until the county surveyor approves it in the manner provided by ORS Chapter 92. [Ord. 521-2013 § 3 (Exh. A)].
17.403.090 Replatting and vacation of plats.
Any plat or portion thereof may be replatted or vacated upon receiving an application signed by all of the owners as appearing on the deed. Except as required for street vacations, the same procedure and standards that apply to the creation of a plat (preliminary plat followed by final plat) shall be used to replat or vacate a plat. Street vacations are subject to ORS Chapter 271. A replat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys; or if it fails to meet any applicable city standards. [Ord. 521-2013 § 3 (Exh. A)].
17.403.100 Property line adjustments.
A property line adjustment is the modification of lot boundaries when no lot is created. The city planning official reviews applications for property line adjustments pursuant to the Type I review under DMC 17.401.020. The application submission and approval process for property line adjustments is as follows:
A. Submission Requirements. All applications for property line adjustment shall be made on forms provided by the city and shall include information required for a Type I review, pursuant to DMC 17.401.020. The application shall include a preliminary lot line map drawn to scale identifying all existing and proposed lot lines with dimensions; footprint with dimensions of existing structures (including accessory structures); location with dimensions of driveways and public and private streets within or abutting the subject lots; location of lands subject to the city of Dundee flood plain overlay; existing fences and walls; and any other information deemed necessary by the city planning official for ensuring compliance with city codes. The application shall be signed by all of the owners as appearing on the deeds of the subject lots.
B. Approval Criteria. The city planning official shall approve or deny a request for a property line adjustment in writing based on all of the following criteria:
1. Lot Creation. No additional parcel or lot is created by the property line adjustment;
2. Lot Standards. All lots conform to the standards of the applicable zone (DMC Division 17.200) including lot area, dimensions, setbacks, and coverage. If either or both of the lots are nonconforming prior to the adjustment, they may remain nonconforming after the adjustment, so long as the nonconforming situation is not made worse by the adjustment. As applicable, all lots shall conform to the city of Dundee flood plain overlay; and
3. Access and Road Authority Standards. All lots conform to the standards or requirements of Chapter 17.301 DMC, Access and Circulation, and all applicable road authority requirements are met. If a lot is nonconforming to any city or road authority standard, it shall not be made less conforming by the property line adjustment.
C. Recording Property Line Adjustments.
1. Recording. Upon the city’s approval of the proposed property line adjustment, the applicant shall record the property line adjustment documents with Yamhill County within 60 days of approval (or the decision expires), and file a survey of the property line adjustment with the Yamhill County surveyor.
2. Time Limit. The applicant shall submit a copy of the recorded property line adjustment documents to the city within 15 days of recording and prior to issuance of any building permits on the reconfigured lots. [Ord. 521-2013 § 3 (Exh. A)].
17.403.110 Validation of unit of land not lawfully established.
The planning commission, through a Type III procedure and the procedures and criteria established in ORS 92.176, may validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land. [Ord. 521-2013 § 3 (Exh. A)].