Chapter 16.20
TENTATIVE PLAN
Sections:
16.20.010 Pre-application meeting.
16.20.020 Site suitability study.
16.20.030 Application submission.
16.20.040 Scale of tentative plan.
16.20.050 Informational requirements.
16.20.060 Statement to accompany tentative plan.
16.20.070 Zero lot line subdivision.
16.20.080 Approval of tentative plan.
16.20.090 Required findings for approval.
16.20.100 Resubmission of denied tentative plans.
16.20.010 Pre-application meeting.
Prior to submitting a tentative plan each applicant or representative is encouraged to meet with the planning director or a designated staff member to review the proposal. The intent of this meeting is to advise the applicant of the requirement and standards of this title. (Ord. O-160-2000 Exh. A § 3.1, 2000)
16.20.020 Site suitability study.
While the long range planning process takes many factors into consideration to designate an area for subdivision, it cannot take into account all physical constraints of each acre of ground within a designated area, nor can it predict the particular subdivision design to be proposed by a future applicant.
Therefore, a site suitability study is necessary to determine compatibility of the site to the specific design elements of the proposed development. A site suitability study shall be developed by the applicant and submitted to the community development department along with preliminary plat of the subdivision as specified in Section 16.20.030.
Site suitability studies shall be used to make decisions concerning overall subdivision design, density requirements which relate to physical features of the subject parcel, and the inclusion of specified construction or development approaches necessary to eliminate site-specific problems.
A. Hydrologic considerations shall include the effect upon the immediate area’s stormwater drainage pattern; the impact of the proposed development upon downstream areas; and the effect upon ground water supply if from a ground water source.
B. Geologic considerations shall include, but not limited to the erosion potential, stability, shearing qualities of the soil, septic suitability or identified “rapid moving landslide” areas.
C. Transportation considerations shall include a discussion of the roads or routes of transportation within and contiguous to the development in reference to right-of-way width, roadway width, and construction standards. (Ord. O-160-2000 Exh. A § 3.2, 2000)
16.20.030 Application submission.
A. Any person proposing a subdivision, or authorized agent or representative, shall include with an application and filing fee for a subdivision, a tentative plan together with improvement plans and other supplementary material as may be required. A master development plan may also be required in accordance with Section 16.20.050. The applicant must submit fifteen (15) copies of any plan required together with all required accompanying material to the planning director.
B. The time at which the application is considered filed shall be interpreted to be the time when the tentative plan is received by the planning department in completed form, together with the appropriate filing fee, required supplemental material and subdivision application form.
C. If an application for approval of a tentative plan for a subdivision is incomplete, the planning department shall notify the applicant within thirty (30) days of the date of filing and allow the applicant additional time to make the application complete. (Ord. O-160-2000 Exh. A § 3.3, 2000)
16.20.040 Scale of tentative plan.
The tentative plan of a proposed subdivision drawing shall drawn on a sheet at an engineer scale not greater than one inch per four hundred (400) feet. (Ord. O-160-2000 Exh. A § 3.4, 2000)
16.20.050 Informational requirements.
The following information shall be included on the tentative plan or provided in accompanying materials. No tentative plan shall be considered complete unless all such information is provided:
A. General Information Required.
1. Proposed name of the subdivision;
2. Names, address, and phone numbers of the owners of record, authorized agents or representatives, engineer and/or surveyor, and any assumed business names filed or to be filed with the state of Oregon Corporation Commission by the applicant;
3. Date of preparation, north arrow, scale and gross area of the proposed subdivision;
4. Appropriate identification of the drawing as a tentative plan for a subdivision. Location and tract designation sufficient to define its location and boundaries, and a legal description of the tract boundaries in relation to existing plats and streets;
5. A copy of the recorded instrument under which the applicant claims an ownership interest, or copy of a land sales contract, which binds the applicant in the event of tentative approval.
B. Information Concerning Existing Conditions.
1. Location, names and widths of existing improved and unimproved streets and roads within and adjacent to the proposed subdivision;
2. Location of any existing features such as section lines, section corners, city and special district boundary lines, and survey monuments;
3. Location of existing structures, irrigation canals and ditches, pipelines, waterways, railroads and any natural features such as rock outcroppings, marshes, wooded areas, and natural hazards;
4. Location and direction of watercourses, and the location of areas subject to flooding and high water tables;
5. Location, width and use or purpose of any existing easement or right-of-way within and adjacent to the proposed subdivision;
6. Existing sewer lines, surface sewerage disposal systems, water mains, culverts, and other underground and overhead utilities within and adjacent to the proposed subdivision together with pipe sizes, grades and locations;
7. Contour lines related to some established bench mark or other engineering acceptable datum and having minimum intervals of two feet for slopes of less than five percent, five feet for slopes of five to fifteen (15) percent, ten (10) feet for slopes of fifteen (15) to twenty (20) percent, and twenty (20) feet for slopes greater than twenty (20) percent;
8. Zoning classification of land within and adjacent to the proposed subdivision;
9. Names and addresses of all adjoining property owners.
C. Information Concerning Proposed Subdivision.
1. Location, names, width, length, typical improvements, cross-sections, bridges, culverts, approximate grades, curve radii and centerline lengths and reverse strips of all proposed streets, and the relationship to all existing and projected streets;
2. Location, width and purpose of all proposed easements or rights-of-way and relationship to all existing easements and rights-of-way;
3. Location of at least one temporary benchmark within the proposed subdivision boundary;
4. Location, approximate area and dimensions of each lot, and proposed lot and block numbers;
5. Location, approximate area and dimensions of any lot or area proposed for public use, the use proposed, and plans for improvements or development thereof;
6. Proposed use, location, approximate area and dimensions of any lot intended for non-residential use;
7. An outline of the area proposed for phased development if contemplated or proposed;
8. Source, method, and preliminary plans for domestic and other water supplies, sewage disposal, solid waste disposal, and all utilities;
9. Description and location of any proposed community facility;
10. Stormwater and other drainage facility plans;
11. Proposed deed restriction including access restrictions or protective covenants if such is proposed to be utilized for the proposed subdivision;
12. Identify each public or private utility company proposed to serve the proposed subdivision;
13. Proposed fire protection system for the proposed subdivision. (Ord. O-160-2000 Exh. A § 3.5, 2000)
16.20.060 Statement to accompany tentative plan.
Written statements giving essential information regarding the following matters shall accompany the tentative plan:
A. Water Supply. A statement of the proposed method of water supply including source, quality and method of distribution. If proposed to be serviced by Deschutes Valley water district or other Oregon State Health Division approved water systems, the applicant must have statements from the water system manager or district engineer that the development will be served by the district or by an approved water system.
Where the proposed source of water is by individual or community wells, demonstration of an adequate supply of water for all anticipated needs of the platted area shall be presented. Demonstration of an adequate supply of water may consist of:
1. Test wells drilled with adequate frequency to demonstrate the general availability of water; or
2. Documentation of the availability of water and the general history of wells in the area.
B. Sewage Disposal. A statement of proposed method of sewage disposal.
C. Estimated Time. When improvements are proposed to be made or installed.
D. Public and Private Utilities. A letter from each of the utility companies serving the area in which the subdivision is located stating that each is able and willing to serve the subdivision as proposed.
E. Fire Protection. A letter from the appropriate fire protection agency indicating that the proposed method of fire protection is adequate.
F. The Irrigation District. A map of the irrigation rights involved and an irrigation management system, such as a district, which will be responsible for distribution and management of the irrigation water within the subdivision. This organization shall have the legal authority to settle disputes concerning the handling of water in the development. The proposal for the establishment of such an organization must be approved by the north unit, irrigation district board of directors, and is subject to review by the county board of commissioners.
G. Proof of Ownership. A current subdivision guarantee prepared under the provision of the Oregon Real Estate Commission.
H. Stormwater and Drainage Control. A letter containing a statement from a registered civil engineer that identifies drainage facilities to be constructed for control of stormwater runoff within the subdivision boundary and potential impacts to offsite drainage courses that will carry any stormwater downstream. (Ord. O-160-2000 Exh. A § 3.6, 2000)
16.20.070 Zero lot line subdivision.
In addition to the general provisions for subdivisions set forth in this title, any application for a zero lot line subdivision shall meet the following requirements:
A. The tentative plan shall indicate all lot divisions, including those along the common wall of dwelling units.
B. Independent utility service shall be provided to each unit including but not limited to water, electricity, and natural gas, unless common utilities are approved by the affected utility agency and are adequately covered by easements.
C. Prior to the granting of final approval for a zero lot line subdivision, the planning director shall require the applicant(s) to enter into a written agreement, in a form approved by the county counsel, that establishes the rights, responsibilities and liabilities of the parties with respect to a maintenance and use of any common areas of the subdivision such as, but not limited to common walls, roofing, water pipes, and electrical wiring. Such agreement shall be in a form suitable for recording, and shall be binding upon the heirs, executors, administration and assigns of the parties.
D. Each zero lot line subdivision proposal must receive approval by the subdivision committee prior to submission of the final plat. (Ord. O-160-2000 Exh. A § 3.11, 2000)
16.20.080 Approval of tentative plan.
A. Type I Subdivision.
1. The subdivision committee shall make its recommendation concerning the tentative plan to the applicant and hearings officer following its submittal.
2. The hearings officer shall review the tentative plan and all reports and recommendations of appropriate officials and agencies. The hearings body may approve, modify, or disapprove the tentative plan for the proposed subdivision and shall set forth findings for such decision.
3. Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed subdivision for recording. However, approval of such tentative plan shall be binding upon the county for purposes of the preparation of the plat and the county may require only such changes in the plat as are necessary for compliance with the terms of its approval of the tentative plan for the proposed subdivision and the terms of this title.
B. Type II Subdivision.
1. The subdivision committee shall review the tentative plan and all reports and recommendations of appropriate officials and agencies. The committee may approve, modify or disapprove the tentative plan for the proposed subdivision and shall set forth findings for its decision.
2. Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed subdivision for recording. However, approval of such tentative plan shall be binding upon the county for the purposes of the preparation of the final plat and the county may require only such changes in the plat as are necessary for compliance with the terms of its approval of the tentative plan for the proposed subdivision and the terms of this title. (Ord. O-160-2000 Exh. A § 3.12, 2000)
16.20.090 Required findings for approval.
The hearings body shall not approve a tentative plan for a proposed subdivision unless the hearings body finds, in addition to other requirements and standards set forth in this title, that the subdivision as proposed or modified will satisfy the intent and requirements of this title, county zoning ordinance and be in compliance with the comprehensive plan. Such findings shall include the following:
A. The subdivision contributes to orderly development and land use patterns in the area, and provides for the preservation of natural features and resources such as streams, lakes, natural vegetation, special terrain features, agricultural and forest lands and other natural resources.
B. The subdivision will not create excessive demand on public facilities and services required to serve the development.
C. The tentative plan for the proposed subdivision meets the requirements of ORS 92.090. (Ord. O-160-2000 Exh. A § 3.13, 2000)
16.20.100 Resubmission of denied tentative plans.
A. If the tentative plan for a subdivision is denied, resubmittal thereof shall not be accepted for a period of six months after the date of the final action denying said plan. Upon resubmission, the applicant shall consider all items upon which the prior denial was based, and the resubmission shall be accompanied by a new filing fee.
B. A tentative plan resubmitted in accordance with this section shall be reviewed in the same manner as any other tentative plan. (Ord. O-160-2000 Exh. A § 3.14, 2000)