Chapter 17.10
MINOR PARTITION PROCEDURES
Sections:
17.10.010 Minor partition procedural requirements.
17.10.020 Applications for minor partitions.
17.10.030 Standards for minor partition requests.
17.10.040 Final plat submission requirements.
17.10.060 Expiration of minor partition approval.
17.10.080 Resubmission of requests.
17.10.090 Rescission of a minor partition approval.
17.10.010 Minor partition procedural requirements.
Land divisions other than subdivisions or major partitions shall be known as minor partitions and shall be approved under the procedures contained in this title. Preliminary plat approval for a minor land partition shall be made by the City Planner as a Type I decision under MCC 18.10.040 and as specified by this title. Final plat review shall be conducted by the City Planner as a Type I procedure under MCC 18.10.040 and as specified by this title. (Code 1983 § 97.045.)
17.10.020 Applications for minor partitions.
Applications for all minor partitions, as defined in this title, shall be filed with the City. An application shall be submitted in writing in a format provided by the City. The owner of record shall sign the application. There shall be submitted to the City five copies of a sketch map, eight and one-half inches by 11 inches or 11 by 17 inches in size, with the following information:
(1) The date, north point, scale, and sufficient description to define the location and boundaries of the parcel to be partitioned and its location within the City.
(2) Name and address of the owner of record and of the person who prepared the sketch map.
(3) Approximate acreage of the parcel under the single ownership or, if more than one ownership is involved, the total contiguous acreage of all landowners directly involved in the minor partitioning.
(4) For land adjacent to and within the parcel to be partitioned, the locations, names, and existing widths of all streets and easements of way; location, width and purpose of all other existing easements; and location and size of sewer and water lines, drainage ways and power poles.
(5) Outline, location and setback dimensions to property lines of existing buildings to remain in place.
(6) Outline, location and dimensions of existing buildings or any other structures to be removed.
(7) Lot layout, showing size and relationship to existing or proposed streets, bikeways and pedestrian facilities, and utility easements.
(8) Such additional information as required by the City. (Code 1983 § 97.050.)
17.10.030 Standards for minor partition requests.
The City Planner may approve a minor partition application upon a finding that:
(1) The proposed division complies with the requirements for its submittal, all requirements of the Comprehensive Plan, the intent and purposes of this title, all provisions of the Zoning Ordinance, and all other applicable laws and regulations;
(2) The proposed division is not contrary to previous conditions imposed upon the use or development of the subject parcel by the City; and
(3) The proposed division is consistent with the extension of existing or planned City improvements such as streets and other public facilities.
(4) The City may require dedication of land and easements and may specify conditions or modifications in the sketch plan necessary to carry out the City’s Comprehensive Plan standards, land use regulations and other applicable legal requirements. In no event, however, shall the City require greater dedications or conditions than could be required if the parcel were subdivided.
(5) If the parcel of land to be partitioned exceeds five acres and within one year is being partitioned into more than two parcels, any one of which is less than one acre, full compliance with all requirements for subdivisions may be required if the City should determine that the entire parcel being partitioned is in the process of being divided into small parcels. (Code 1983 § 97.055.)
17.10.040 Final plat submission requirements.
(1) An application for minor partition plat final approval shall be made by the person proposing the land division, or authorized agent or representative, on a form prescribed by the Planning Department and submitted after the effective date of preliminary plat approval. Said applications shall be accompanied by a final plat and additional information as prescribed in this section.
(2) The applicant shall submit the final plat within one year of preliminary plat approval. (Code 1983 § 97.060.)
17.10.050 Technical review.
Upon receipt of the final plat and accompanying data, the City Planner shall review the final plat and documents to determine that the plat conforms with the approved tentative plat, and that there has been compliance with provisions of the law of this title. The City Planner shall recommend final approval, denial, or when further information is required, postpone a decision on the application. If the City determines that there has not been full conformity, the partitioner shall be advised of the changes or additions that must be made and will be afforded a reasonable opportunity to make such changes or additions.
Approval shall be granted; provided, that:
(1) The plat is in substantial conformity with the provisions of the tentative plan for the subdivision or the major partition as approved, and all conditions of approval have been satisfied.
(2) The plat contains an affidavit by the surveyor who surveyed the land, represented on the plat to the effect that the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92, and indicating the initial point of the survey, and giving the dimensions and kind of such monument, and its reference to some corner established by the U.S. Geological Survey or giving two or more permanent objects for identifying its location. (Code 1983 § 97.065.)
17.10.060 Expiration of minor partition approval.
(1) If the conditions set at the time of approval are not fulfilled within one year of the signing of the notice of decision, the minor partition approval is null and void, and new application for plat approval must be submitted for reconsideration.
(2) The City may, upon request by the applicant and payment of the required fee, grant an extension of the approval for a period not to exceed six months. Requests for extension of approval shall be submitted, in writing, 30 days prior to the expiration date of the approval period to the City Planner. (Code 1983 § 97.070.)
17.10.070 Appeal.
Appeals of minor land partition decisions shall be made as provided under MCC 18.10.090. (Code 1983 § 97.080.)
17.10.080 Resubmission of requests.
Any request for a minor partition which has been denied by the City shall not be resubmitted for a period of one year following the date of the denial unless consent for resubmission is approved by the Planning Commission or the City Council. (Code 1983 § 97.090.)
17.10.090 Rescission of a minor partition approval.
Prior to recording the final plat, any minor partition action granted under this title may be rescinded by the City if it is found that the application for such action contains false statements, or if subsequent division, development, or use of land occurs in a manner different from that which was approved. (Code 1983 § 97.100.)