Chapter 16.08 PROCEDURE

It is the purpose of this chapter to establish or define the procedural requirements for review of tentative plans for subdivision, partitions, and property line adjustments and the person or agency charged with their administration. Further, it is the purpose of this chapter to define in part the subdivider’s responsibility. (Ord. 2011-01 § 1; Ord. 78-32 § 2.010(1))

16.08.020 Lot sale or transfer – Approval required.

The sale or transfer of lots is prohibited by this title and ORS Chapters 92 and 93, as amended, until approval is obtained. (Ord. 2011-01 § 1; Ord. 78-32 § 2.010(2))

16.08.030 Compliance required.

A lot or parcel may be used, subdivided, partitioned or adjusted, and a structure or part of a structure constructed, reconstructed, altered, occupied or used only in accordance with this title, LCMC Title 17, and any other applicable ordinances or standards of the city. (Ord. 2011-01 § 1; Ord. 78-32 § 2.010(3))

16.08.040 Permission to enter.

The city may conduct such investigations as it deems necessary to verify information supplied as a requirement of these regulations. The owner of the land being subdivided, partitioned or adjusted shall grant the city permission to enter upon his land for these purposes. (Ord. 2011-01 § 1; Ord. 78-32 § 2.010(4))

16.08.050 Approval authority.

Subdivision plats shall be approved by the planning commission in accordance with these regulations. All partition plats and property line adjustment maps shall be approved by the city staff in accordance with these regulations. The city council delegates its authority to the planning commission, and to the city staff, respectively, to approve or disapprove the subdivision, partition of land and property line adjustments, except for appeals. (Ord. 2022-15 § 80; Ord. 2011-01 § 1; Ord. 78-32 § 2.010(5)(a))

16.08.060 Preapplication meeting.

The applicant should meet with the city staff prior to submitting the required tentative plan for a subdivision, partition or property line adjustment. The purpose of this meeting is to discuss applicable state and local requirements and the criteria herein, to familiarize the applicant with the goals and objectives of the city comprehensive plan, and to discuss the proposal in relation to such concerns. The applicant may provide a sketch plan of the proposal for review and discussion. (Ord. 2011-01 § 1; Ord. 78-32 § 2.010(5))

16.08.070 Processing fees.

A. Processing fees shall be established by city council resolution.

B. All fees paid are nonrefundable. (Ord. 2011-01 § 1; Ord. 80-9 § 1; Ord. 78-32 § 2.010(6))

16.08.080 Engineering plan review and inspection.

Whenever the city determines that engineering plan review and inspection service are necessary, the applicant shall be responsible for paying for the actual cost of such services, and said charges shall be payable prior to final approval of the subdivision plat by the city engineer and surveyor. (Ord. 2011-01 § 1; Ord. 80-9 § 1; Ord. 78-32 § 2.010(6))

Article II. Partition and Minor Replat

16.08.090 Inspection and processing fee.

A filing fee established by city council resolution shall be paid at the time of submitting the tentative plan. All fees paid are nonrefundable. (Ord. 2011-01 § 1; Ord. 78-32 § 2.020(1). Formerly 16.08.100)

16.08.100 Review and approval procedure.

A. When a proposed partition contains three or fewer parcels, the city staff may approve the partition when all of the following conditions are met:

1. All parcels front on an existing road or street as required by LCMC 17.52.030.

2. No parcels have been previously partitioned from said tract during the last calendar year, calculated from the date of application.

3. All parcels conform to the provisions of the city comprehensive plan and LCMC Title 17.

B. An application for approval, together with required fees and four copies of the proposed tentative plan of partition, shall be submitted to the department of community development.

C. Upon receipt of the application for minor replat or partition, the planning and community development director shall review the application and determine whether the proposed minor replat or partition appears to comply with the provisions of this chapter and other applicable city ordinances, and thereupon shall provide a notice of decision pursuant to LCMC 17.76.020. (Ord. 2011-01 § 1; Ord. 78-32 § 2.020(2). Formerly 16.08.110)

16.08.110 Required data.

Minor replats and partitions shall be submitted to the community development department for processing by filing four copies of the boundary survey. The survey shall contain the following additional information:

A. Name and address of the owner or owners of record;

B. For land adjacent to and within the parcel to be partitioned, show locations, names and existing widths of all streets and easements of way; location, width and purpose of all other existing or proposed easements; and location and size of sewer and water lines, drainage ways and power poles;

C. Outline and location of existing buildings to remain in place within the proposed partitioning and directly adjacent;

D. Appropriate identification clearly stating the plan as a minor replat or partition. (Ord. 2011-01 § 1; Ord. 78-32 § 2.020(3)(a). Formerly 16.08.120)

16.08.120 Disposition of approved tentative plans.

When a tentative plan has been approved, all copies shall be marked with the date and conditions, if any, of approval. A copy shall be returned to the applicant, one copy shall be filed with the county surveyor by the applicant, one copy shall be retained in the planning and community development department files, and one copy shall be retained in the engineering department files. (Ord. 2011-01 § 1; Ord. 78-32 § 2.020(3)(b). Formerly 16.08.130)

16.08.130 Large parcels may require subdivision procedure.

If the parcel of land to be partitioned exceeds five acres and is being partitioned into more than two parcels within a year, any one of which is less than one acre, full compliance with all requirements for subdivision may be required if the city staff should determine, in its judgment, that the entire parcel being partitioned is in the process of being divided into small parcels. (Ord. 2011-01 § 1; Ord. 78-32 § 2.020(3)(c). Formerly 16.08.140)

16.08.140 Approval conditions.

Approval may be conditioned upon extension or assurance of public improvements as described in LCMC 16.16.010 through 16.16.100. (Ord. 2011-01 § 1; Ord. 78-32 § 2.020(3)(d). Formerly 16.08.150)

16.08.150 Final plat – Filing – Time limit.

Within two years of the tentative plan approval, the applicant shall submit to the city a final plat for the minor replat or partition that is consistent with the tentative plan and state law. A signature block for the community development director, the Lincoln County surveyor and the Lincoln County tax assessor shall be on the final plat. The community development director shall approve the final plat if it is consistent with the tentative plan and all conditions have been satisfied, including the provision and acceptance of any required public improvements. After the final plat has been approved by all city and county officials and recorded, one reproducible full-size copy shall be returned to the city within 30 days of recording. (Ord. 2011-01 § 1)

Article III. Property Line Adjustment

16.08.160 Applicability.

This procedure may be utilized, as an alternative to partition or replatting procedures, under the following circumstances:

A. The size, shape or configuration of two existing units (lots or parcels) of land, each of which is a legal lot or parcel, is to be modified by the relocation of a common boundary between the parcels; and

B. An additional unit of land is not created; and

C. Adjustment of the property line shall not cause or increase any nonconformity with any applicable zoning or other requirement of the city of Lincoln City to a greater extent than prior to the adjustment. (Ord. 2011-01 § 1; Ord. 78-32 § 2.030(1))

16.08.170 City approval required.

Any person desiring to carry out a property line adjustment shall submit to the planning and community development director an application, together with such fee as established by city council resolution. The property line adjustment application shall be upon such form as shall be approved by the planning and community development director, and shall include at least the following information:

A. A legal description (by lot and block or by metes and bounds) of the units of land as they exist prior to the proposed property line adjustment, and as they would exist after the adjustment.

B. A map (a tax map, survey, or equivalent) depicting the configuration of the units of land prior to and after the proposed adjustment. This information may be depicted on the same map. (Ord. 2011-01 § 1; Ord. 78-32 § 2.030(2)(a))

16.08.180 Decision process.

Upon receipt of the application for property line adjustment and the required fee, the planning and community development director shall review the application and determine whether or not the proposed adjustment appears to comply with the provisions of this title and other applicable city ordinances, and thereupon shall provide a notice of decision pursuant to LCMC 17.76.020. (Ord. 2011-01 § 1; Ord. 78-32 § 2.030(3)(a))

16.08.190 Conveyance and security.

Following such approval, the property line adjustment may be carried out in the following manner.

A. The owners of the property involved in the property line adjustment shall prepare and record a conveyance or conveyances in accordance with ORS 92.190(4), attaching a copy of the notice of city approval.

B. The parties shall obtain a survey of the adjusted property line, monuments shall be placed, and the survey shall be filed with the county surveyor, as required by ORS 92.060(7). (Ord. 2011-01 § 1; Ord. 78-32 § 2.030(2)(b))

16.08.200 Responsibility.

The property line adjustment shall be effective upon compliance with the terms, provisions and requirements of this title. The city of Lincoln City does not hereby assume any responsibility to verify or ascertain the ownership of any property or the accuracy of any map, survey or legal description or other information or material submitted to it in connection with this procedure. (Ord. 2011-01 § 1; Ord. 78-32 § 2.030(2)(c))

Article IV. Subdivision

16.08.210 Inspection and processing fee.

A subdivision inspection and processing fee shall be submitted as established by city council resolution. (Ord. 2011-01 § 1; Ord. 78-32 § 2.040(1). Formerly 16.08.230)

16.08.220 Tentative plan – Submission.

The subdivider shall file 15 prints of the tentative plan with the department of community development; the tentative plan will be scheduled for planning commission review at a public hearing after the application is deemed complete and notice is provided. The public hearing shall be in accordance with LCMC 16.20.050. (Ord. 2011-01 § 1; Ord. 78-32 § 2.040(2)(a). Formerly 16.08.240)

16.08.230 Tentative plan – Preliminary review.

A. Within 10 days after being submitted by the subdivider, the department of community development shall furnish one print to the State Highway Department (when development is adjacent to a state highway and access to the highway is desired by the subdivider), and one print each to cable TV, power, gas and telephone companies. These agencies will be given at least 10 days to review the plan, suggest revisions and return the plans to the department of community development.

B. The department of community development and the department of public works, in reviewing the tentative plan, shall consider and provide information to the planning commission on the following:

1. Location in the adjoining streets or property of existing sewers and water mains, culverts and drain pipes, electrical conduits, or lines, proposed to be used on the property to be subdivided, and invert elevations of sewers at points of proposed connections and any other pertinent information;

2. Planning and zoning on and adjacent to the tract, if any;

3. Conformance to other applicable city ordinances. (Ord. 2011-01 § 1; Ord. 78-32 § 2.040(2)(b). Formerly 16.08.250)

16.08.240 Tentative plan – Approval.

A. The planning commission will review the plan and the reports of the agencies listed above and shall give tentative approval of the plan in its preliminary form, as submitted, or as it may be modified. If disapproved, the planning commission shall express its disapproval and its reasons therefor in writing. The applicant may appeal such decisions to the city council in accordance with LCMC 16.20.020.

B. Approval of the tentative plan shall indicate the planning commission’s approval of the final plat, provided there is no change in the plan of subdivisions, as shown on the tentative plan, and there is full compliance with all requirements imposed by the planning commission as conditions of tentative plan approval.

C. The action of the planning commission shall be noted on four copies of the tentative plan, including reference to any attached documents describing any conditions. Following adoption of a final order, one copy shall be returned to the subdivider, one copy sent to the engineer or surveyor, one copy sent to the city engineer, and the other copy retained in the planning department files. (Ord. 2011-01 § 1; Ord. 78-32 § 2.040(2)(c). Formerly 16.08.260)

16.08.250 Tentative plan – Required data.

A. Preparation. The subdivider shall prepare a tentative plan, together with improvement plans and other supplementary material, as may be required, to indicate the general program and objectives of the project. To assure knowledge of existing conditions, and to obtain compliance with existing city development plans, the subdivider may confer with the department of community development and department of public works prior to preparation of the tentative plan.

B. Scope. The tentative plan need not be a finished drawing, but it should show all pertinent information to scale, in order that the planning commission may properly review the proposed development.

C. Partial Development. Where the area to be subdivided contains only part of the tract owned or controlled by the subdivider, the planning commission may require a sketch of a tentative layout for streets and parcels in the unsubdivided portion.

D. Information Required. The tentative plan shall include the following information:

1. Detailed Map. The tentative plan shall be drawn at a scale of one inch equals 50 feet up to 10 acres; for areas over 10 acres, one inch equals 100 feet up to 100 acres; and for areas over 100 acres, one inch equals 200 feet or an appropriate scale approved by the department of community development;

2. General Information. The following information shall be shown on the tentative plan:

a. Proposed name of the subdivision. The name must not duplicate nor resemble the name of another subdivision in the county and shall be approved by the planning commission and county surveyor pursuant to ORS 92.090(1);

b. Date, north point and scale of drawing;

c. Appropriate identification clearly stating the drawing as a tentative plan;

d. Location of the subdivision by section, township and range, and a legal description sufficient to define the location and boundaries of the proposed tract, and the tract designation or other description according to the real estate records of the county assessor;

e. A vicinity sketch map at a scale of one inch equals 400 feet showing adjacent property boundaries and land uses;

3. Existing Conditions. The following existing conditions shall be shown on the tentative plan:

a. Location, widths and names of all existing or platted streets or other public ways within or adjacent to the tract; and other important features, such as section lines and corners, city boundary lines and monuments;

b. Contour lines having the following minimum intervals:

i. Two-foot contour intervals for ground slopes less than 10 percent;

ii. Five-foot contour intervals for ground slopes 10 percent or greater;

iii. Contours shall be related to the city or other datum approved by the city engineer and/or surveyor;

c. Location of at least one temporary bench mark within the plat boundaries or the source of the contour line data shown (source and accuracy subject to city engineer and/or surveyor’s approval);

d. Location and direction of all watercourses;

e. Natural features, such as rock outcroppings, marshes, wooded areas and isolated preservable trees;

f. Existing uses of the property, including location of all existing structures to remain on the property after subdividing;

4. Proposed Plan of Land Subdivision. The following information shall be included on the tentative plan:

a. Proposed Streets – Location, Widths, Approximate Radii of Curves. The relationship of all streets to any projected streets, as shown on any development plan adopted by the planning commission or, if there is no complete plan, as suggested by the department of community development. Street names will be determined and assigned by the city;

b. Easements. Location on the site or abutting property showing the width and purpose of all existing and proposed easements;

c. Lots. Approximate dimensions of all lots, minimum lot size, proposed lot and block numbers;

d. Proposed Land Uses. Sites, if any, allocated for:

i. Multiple-family dwellings;

ii. Shopping centers;

iii. Churches;

iv. Industry;

v. Parks, schools, playgrounds;

vi. Public or semipublic buildings;

vii. Open space;

5. Area Coverage. Area coverage of existing and proposed structures, lots, streets or other changes anticipated;

6. Explanatory Information. Any of the following information which may be required by the planning commission, and which may not be shown practicably on the tentative plan, may be submitted in separate statements accompanying the tentative plan:

a. Proposed deed restrictions in outline form;

b. Approximate existing centerline profiles showing the finished grades of all streets, as approved by the city engineer, included in the proposed subdivision;

c. Typical cross sections of proposed streets, showing widths of roadways, curbs, location and width of sidewalks and the location and size of utility mains;

d. Approximate plan and profiles of proposed sanitary sewers, storm drains and water distribution system, showing pipe sizes and the location of valves and fire hydrants, all to conform to city standards;

e. A general description of property intended to be dedicated to the city or public, other than street rights-of-way, including proposed dedication restrictions. (Ord. 2011-01 § 1; Ord. 78-32 § 2.040(3). Formerly 16.08.270)

16.08.260 Final plat – Time limit.

A. Limit. The official final plat must be prepared and submitted within two years following the approval given on the tentative plan by the planning commission, and it shall incorporate the recommendations and conditions made by the commission.

B. Resubmittal After Expiration. If the owner or subdivider wishes to proceed with the subdivision of his land after the expiration of the two-year period following approval of the tentative plan by the planning commission, he must resubmit his tentative plan to the planning commission and make any revisions considered necessary to meet changed conditions. (Ord. 2011-01 § 1; Ord. 78-32 § 2.040(4)(a). Formerly 16.08.280)

16.08.270 Final plat – Preparation.

A. Form. The final plat or map shall be submitted in the form required by these regulations and state laws, including ORS 92.050 through 92.120, as amended, for plats of record.

B. Required Information. In addition to that specified by state law, the following information shall be shown on the final plat:

1. Date, north point and scale of drawing;

2. Legal description of tract boundaries;

3. Name of the owner or owners, subdivider, engineer or surveyor;

4. Tract boundary lines, right-of-way lines of streets and lot lines with dimensions, bearing and radii, arcs, points of curvature and tangent bearings. All bearings and angles shall be shown to the nearest one second and all dimensions to the nearest 0.01 foot. If circular curves are proposed in the plat or map, the following data must be shown in tabulation form: curve radius, central angles, arc length and length and bearing of long chord. All information shown on the face of the plat shall be mathematically correct within 0.01 foot;

5. Dimensions and purpose of all easements;

6. Any building setback lines, if more restrictive than LCMC Title 17;

7. Location and purpose for which sites, other than single-family residential lots, are dedicated or reserved;

8. Easements and any other areas for public use dedicated without any reservation or restriction whatever;

9. A copy of any deed restrictions written on the face of the plat or prepared to record with the plat with reference on the face of the plat. (Ord. 2011-01 § 1; Ord. 78-32 § 2.040(4)(b). Formerly 16.08.290)

16.08.280 Final plat – Submission.

A. The subdivider shall file five prints of the final plat and any supplementary information with the director of community development. The director of community development shall promptly submit the plat to the city engineer and surveyor.

B. The minimum supplementary information to be supplied with the final plat shall be as follows:

1. Two prints of a control survey of the parcel to be subdivided. The survey shall indicate the perimeter bearings and distances and sufficient control data to justify the conclusions reached in setting the perimeter;

2. A copy of any deed restrictions proposed, certified by the subdivider that they are intended to be recorded;

3. A bond, certified check or other method of financing as approved by the city manager, to guarantee installation of improvements, if they are not installed;

4. In addition to the above, two sets of grading and/or surface drainage plans may be required, if need is determined at or before tentative plan approval. The plans shall indicate the course and method of disposal of all lot, existing surface and subsurface drainage, roof drainage and final contour lines proposed. The scale and contour interval of the plans shall be approved by the city engineer. (Ord. 2011-01 § 1; Ord. 78-32 § 2.040(4)(c)(i). Formerly 16.08.300)

16.08.290 Final plat – Review.

A. Within 30 days after receipt of the required submission, the director of community development and city engineer shall examine it and the supplementary information to determine that the subdivision, as shown, is substantially the same as it appeared on the approved tentative plan and as required by this title, and that the plat, as prepared, is technically correct, or determine any deficiencies and notify the subdivider or his agent of their findings.

B. After the final plat prints have been reviewed and found correct, the subdivider shall submit the plat for signature. Prior to approval of the final plat, the city engineer shall verify that either:

1. All improvements have been installed in accordance with the requirements of this title and with the action of the planning commission giving conditional approval of the tentative plan; or

2. A bond or certified check has been posted, which is available to the city and in sufficient amount to assure such completion of all required improvements as per this title. (Ord. 2011-01 § 1; Ord. 78-32 § 2.040(4)(c)(ii). Formerly 16.08.310)

16.08.300 Final plat – Approval.

A. Approval of the final plat shall be indicated by the signature of the chairman of the planning commission, the planning and community development director, and the city engineer.

B. If the city engineer and the planning and community development director determine that the final plat is in full conformance with the approved tentative plan and other regulations, they shall so advise the chairman of the planning commission. The chairman of the planning commission, planning and community development director and the city engineer may then sign the plat without further action by the planning commission.

C. The approval of the final plat shall not be deemed to constitute or effect an acceptance for maintenance by the public of any street or other easement of way shown on the plat at the time of recording with the county.

D. After the final plat has been approved by all city and county officials and recorded, one reproducible full-size copy of all data (plat face, dedications, certificates, approvals and one copy of recorded restrictive and protective covenants) shall be returned to the city within 30 days of recording. (Ord. 2011-01 § 1; Ord. 78-32 § 2.040(4)(c)(iii) – (vi). Formerly 16.08.320)

16.08.310 Final plat – Filing – Time limit.

Approval of the final plat by the city as provided by this title shall be conditioned on its prompt recording. The subdivider shall, without delay, submit the final plat to the county assessor and the county governing body for signature as required by ORS 92.100, as amended. Approval of the final plat may be declared null and void if the plat or map is not submitted to the county for recording within 60 days after the date of the last required city approving signature has been obtained. (Ord. 2011-01 § 1; Ord. 78-32 § 2.040(4)(d). Formerly 16.08.330)