Chapter 17.15 MAJOR PARTITION AND SUBDIVISION PROCEDURE

Preliminary plat review for a major partition or subdivision shall be made by the Planning Commission as a Type II procedure 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 § 97.110.)

17.15.020 Preliminary conference.

A conference shall be held prior to the submission of any application for a major partition or subdivision. The conference will enable the City Planner to put the applicant on notice of the provisions of this title. Any applicant for a land division shall submit a plan of the preliminary scheme for the layout of property to be divided to the City Planner. No statements or representations made by the City Planner shall constitute an agreement or approval with respect to any land division or requirements of this title. (Code 1983 § 97.115.)

17.15.030 Tentative plat.

The subdivider shall prepare a tentative plat together with improvement plans and other supplementary materials and, after payment of the appropriate filing fee to the City, shall submit one reproducible and 15 reproducible copies of the tentative plat and supplementary data on forms prescribed by the City. The tentative plat shall show all pertinent information to scale in order that the Planning Commission may properly review the proposed development. (Amended by Ord. 1374 § 1 (Exh. A), June 20, 2017. Code 1983 § 97.120.)

17.15.040 Tentative plat scale.

The tentative plat shall show all pertinent information, normally at a scale of one inch equals 100 feet. For subdivisions, the scale may be increased or decreased to fit standard size sheets of 18 by 29 inches. An 11- by 17-inch reproduction shall also be provided. However, in all cases the scale shall be standard, being 10, 50, 100 or multiples of 100 feet to the inch. No partition survey or description may be made by any surveyor or person until tentative approval has been given by the Planning Commission. (Code 1983 § 97.125.)

17.15.050 Tentative plat information.

The following information shall be shown on the tentative plat:

(1) Proposed name of the subdivision. Except for the words “town,” “city,” “place,” “court,” “addition,” or similar words, the name shall be clearly different and clearly pronounced differently than the name of any other subdivision in Polk County, unless the subject subdivision is contiguous to and platted by the same party that platted the preceding subdivision bearing that name. All subdivisions must continue the block numbers of the subdivision of the same name last filed. The City shall reserve the right to assign or have assigned a sequential number placed upon the tentative map.

(2) The proposed language to be used in the dedication.

(3) Date, north point with orientation to the upper edge of the plan, and scale of drawing.

(4) Appropriate identification clearly stating the plan is a tentative plan.

(5) Location of the subdivision sufficient to define the location and boundaries of the proposed tract and its relation to surrounding land uses and existing and proposed transportation facilities.

(6) Names and addresses of the owner, subdivider, and surveyor.

(7) The location, width, names, approximate grades and radii of curves of streets. The relationship of streets, bikeways and pedestrian facilities to any existing or projected streets, bikeways and pedestrian facilities as shown on the Monmouth Transportation System Plan or as may be suggested by the Planning Commission in order to assure adequate traffic circulation.

(8) The approximate width and location of all existing and proposed easements for public utilities, and all reserve strips proposed to satisfy requirements that may be required as provided for in other sections of this title.

(9) The location and approximate dimensions of lots and the proposed lot and block numbers.

(10) The approximate radii of all curves.

(11) Sites, if any, allocated for purposes other than single-family dwellings.

(12) A vicinity map, showing existing subdivisions and unsubdivided land ownerships adjacent to the proposed subdivision, and showing how proposed streets, bikeways, pedestrian facilities, and utilities may be extended to connect to existing and proposed streets and utilities.

(13) Proposed deed restrictions, if any, in outline form.

(14) Approximate centerline profiles with extensions for a distance of 200 feet beyond the limits of the proposed land division showing the finished grade of streets and the nature and extent of street, bikeway, and sidewalk construction.

(15) A plan for domestic water supply, including the source, and plans for water lines.

(16) Proposals for sewage disposal, storm water drainage and flood control, including profiles of proposed drainage way.

(17) If lot areas are to be graded, a plan showing the nature of cuts and fills and information on the character of the soil.

(18) Proposals for other improvements such as electric utilities, street lighting, and landscape plans.

(19) A complete service utility plan for the subdivision to be made, which plan shall require easements adequate to meet the underground service utility requirements of the subdivision but not to exceed the preliminary requirements. The final plat of the subdivision as provided shall contain a dedication to the public of easements in accordance with the service utility plan as adopted by the Planning Commission.

(20) The location within the subdivision and in the adjoining streets and property of existing sewers, water mains, culverts, drain pipes and electric lines.

(21) Any other information relevant to the proposal consistent with the purposes and scope of this title.

(22) Location of park property and other public areas.

(23) A cross-section of each street, bikeway, and pedestrian facility proposed, including roadway pavement, curb, sidewalk, designated bikeway, gutters and planter strips.

(24) The plat required above, reduced to eight and one-half by 11 inches. This must be a legible mechanical transfer or reasonable facsimile.

(25) Soils Report.

(a) Any area proposed for subdivision development shall be investigated to determine the soil characteristics, and a soils engineering report shall be submitted with every application. This report shall include data regarding the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures, and opinions and recommendations covering the adequacy of sites to be developed.

(b) The investigation and subsequent report shall be completed and presented to the Commission by a professional geotechnical engineer registered in the State of Oregon and experienced and knowledgeable in the practice of soil mechanics.

(c) Recommendations included in the report and approved by the engineer shall be incorporated in the design plan or specifications.

(d) Any area which presents one or more of the following limiting factors shall not be subjected to development unless the engineer can demonstrate to the Commission that these limitations can be overcome in such a manner as to prevent hazard to life, hazard to property, adverse affects on the safety, use, or stability of a public way or drainage channel, and adverse impact on the natural environment:

(i) Water table within three feet of the surface during any time of year;

(ii) Natural slopes greater than 15 percent;

(iii) Soils with a “high shrink-swell potential,” as defined by the Natural Resources Conservation Service;

(iv) Soils with a “severe rating” for the proposed use, as defined by the Natural Resources Conservation Service.

(26) Traffic Impact Analysis (TIA). Depending on the nature and scope of the proposed development, a traffic impact analysis, pursuant to MCC 18.150.030, may be required by the Public Works Director to determine the adequacy of existing or planned transportation facilities. (Amended by Ord. 1275, June 16, 2009. Code 1983 § 97.130.)

17.15.060 Partial subdivision plat/master plan.

If the subdivision plat pertains to only part of the tract owned or controlled by the subdivider, the subdivider shall provide a sketch of a tentative layout for streets, bikeways, pedestrian facilities, and lots in the unsubdivided portion. (Code 1983 § 97.135.)

17.15.070 Tentative plat changes.

Any changes in a tentative plat initiated by the applicant shall constitute a new application and shall be accompanied by the fees required in this title. (Code 1983 § 97.140.)

17.15.080 Existing conditions.

The following existing conditions shall be shown on the tentative plat:

(1) The location, widths and names of both opened and unopened streets, bikeways and pedestrian facilities within or adjacent to the tract, together with easements and other important features, such as section lines, corners, City boundary lines and monuments.

(2) Location and size of sewer and water lines (including laterals, drainage way, and the location of power poles).

(3) Contour lines related to some established benchmark or other datum approved by the City and having minimum intervals as follows:

(a) For slopes of less than five percent: show the direction of slope by means of arrows or other suitable symbol together with not less than four spot elevations per acre, evenly distributed.

(b) For slopes of five percent to 15 percent: five feet.

(d) For slopes of over 20 percent: 20 feet.

(e) For slopes in designated floodplain areas and drainage ways: five feet except that the floodplain elevation and contour line shall also be noted.

(4) The location of at least one temporary benchmark within the plain boundaries.

(5) The location and direction of watercourses and the location of areas subject to flooding.

(6) Natural features such as rock outcroppings, marshes, wooded areas and isolated preservable trees.

(7) Existing uses of the property, including location of all existing structures to remain on the property after platting or mapping.

(8) Locations and widths of streets, roads, bikeways and pedestrian facilities held for private use, and all reservations or restrictions relating to such private roads and streets.

(9) Existing uses of all abutting parcels, including the location of existing structures, roads, streets, bikeways and pedestrian facilities, and easements contiguous to the parcel to be subdivided. (Code 1983 § 97.145.)

17.15.090 Governmental notification and comment.

Within five working days after the major partition or subdivision application is submitted, according to the provisions of this title, the City Planner shall distribute copies thereof to the appropriate agencies and departments for review, comments and recommendations. (Code 1983 § 97.150.)

17.15.100 Infill subdivisions.

“Infill subdivisions” are defined as less than two acres in area, in existing developed residential areas where at least 66 percent of the perimeter of the subdivision abuts existing residential development.

All proposed infill subdivision lots abutting existing residential lots or having street frontage on existing streets shall be similar in lot size and lot width to existing development within the surrounding neighborhood. (Amended by Ord. 1260, January 3, 2008. Code 1983 § 97.152.)

17.15.110 Preliminary plat approval criteria.

The Planning Commission may approve, approve with conditions, or deny a preliminary plat based on the following approval criteria:

(1) The proposed preliminary plat complies with the requirements for its submittal, all requirements of the Comprehensive Plan, all requirements of this title, all requirements of the Zoning Ordinance, and all other applicable laws and regulations.

(2) All proposed streets, alleys, sidewalks, pedestrian facilities, bicycle facilities, pathways, utilities, and surface water management facilities conform or transition to the plats of subdivisions and major partitions already approved for adjoining property as to width, general direction, and all other respects and such facilities comply with the standards of the Monmouth Comprehensive Plan, Transportation System Plan, Zoning Ordinance, public facilities plans, and this title.

(3) All proposed public improvements and dedications are identified on the preliminary plat.

(4) All proposed private common areas and improvements (e.g., homeowners’ association property) are identified on the preliminary plat.

(5) All proposed lots, blocks, and parcels meet the standards of the applicable zoning district and this title.

(6) Where a common drive is to be provided to serve more than one lot, a reciprocal easement that ensures access and maintenance rights shall be recorded with the approved subdivision or major partition plat.

(7) In accordance with the Uniform Fire Code, a 20-foot-wide fire apparatus access drive shall be provided to serve all portions of a building located more than 150 feet from a public right-of-way or approved access drive.

(8) The City may attach such conditions as are necessary to carry out the provisions of this title and all other applicable ordinances and regulations and may require reserve strips be granted to the City for the purpose of controlling access to adjoining properties. (Code 1983 § 97.155.)

17.15.120 Tentative plat effective date.

Unless appealed, Planning Commission decision shall become effective on the thirteenth day after the date on which the decision is rendered. The applicant may then proceed with final surveying and preparation for final approval. The tentative plat approval shall be effective for one year, within which time the application and major partition or subdivision plat must be submitted as required by this title to the Planning Department. Otherwise, the entire procedure must be repeated for reconsideration in light of changed conditions that may exist. (Code 1983 § 97.160.)

17.15.130 Final plat submission requirements.

(1) An application for major partition or subdivision 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.

(3) One original plat and two copies, in clear and legible form, 18 inches by 24 inches in size, shall be submitted. Original plats shall be in substantial conformity to the approved tentative plat and shall conform to the Polk County Surveyor’s specifications and requirements and all requirements of ORS Chapter 92. Sheet dimensions and size shall be as specified by the County Recording Officer for major partition plats offered for record. (Code 1983 § 97.165.)

17.15.140 Final plat applications.

The application provided for in MCC 17.15.130 of the proposed subdivision plat or the major partition map must contain the following information with respect to the subject area:

(1) Traverse computation sheets, subdivisions only. The licensed land surveyor signing the surveyor’s affidavit on the plat shall submit traverse computation sheets for the use of the City or County Engineer in checking the plat. Said sheets shall include the calculation of each course and distance by latitude and departure of all the boundary lines and of all the lots in the plat which are not completely rectangular in shape. Each course and distance and each latitude and departure shall be tabulated on the traverse computation sheet in the proper order to show the closure limits of each area, and rectangular coordinates of every angle point shall be extended and shown from a single meridian and from a single point of origin. The error of the closure, if any, shall be indicated.

(2) The lengths of all chords, radii points or curvature, and tangent bearings shown.

(3) The lot lines of all lots within the subdivision, or all parcel lines within the major partition, with dimensions in feet and hundredths of feet and with all bearings shown. Area in square feet for each lot shall also be tabulated or indicated on each lot.

(4) Numbers designating each block and lot in subdivisions, lots in each block to be numbered consecutively.

(5) Where a plat is an addition to a plat previously recorded, numbers of blocks and lots in consecutive continuation from such previous plat.

(6) The description and location of all permanent reference monuments, including a tie, section corner, quarter corner, donation land corner, or other such reference point.

(7) An affidavit of a surveyor, who is an Oregon licensed land surveyor, and who surveyed the subdivision or major partition, conforming to the requirements of the Oregon Revised Statutes.

(8) The date, north point, and scale of the drawing, and a sufficient description to define the location and boundaries of the subdivision or major partition.

(9) The locations, names and widths of all streets, bikeways and pedestrian facilities, existing or created, and the width and location of all existing easements for public utilities and such easements being created, and also all reserve strips required as provided for by MCC 18.150.020.

(10) A designation of all areas being dedicated by the applicant, including proposed uses, and an effective written dedication thereof.

(11) Designation of all donations to the public of all common improvements, including but not limited to streets, roads, bikeways and pedestrian facilities, parks, sewage disposal and water systems, the donation of which was made a condition of approval of the tentative plan for the subdivision or major partition.

(12) A copy of all proposed protective deed restrictions being proposed.

(13) A title report issued by a title insurance company licensed by the State of Oregon, verifying ownership by the applicant of the real property that is to be dedicated to the public. (Code 1983 § 97.170.)

17.15.150 Certificates.

The following that may be combined where appropriate must be included:

(1) A certificate that the subdivider has entered into agreement with the City relating to completion of improvements, payment of sewer and water hookup fees, inspection fees, public lands payments, monumentation or any other elements deemed relevant to the purpose of this or any other City ordinance, State statute, or Federal law.

(2) A certificate signed and acknowledged by all parties having any recorded title interest in the land subdivided, consenting to the preparation and recording of the plat.

(3) A certificate signed and acknowledged as above, dedicating all parcels of land shown on the final map intended for the exclusive use of the lot owners in the subdivision, their licensee(s), visitors, tenants and servants.

(4) A certificate with the seal of and signed by the surveyor responsible for the survey and final map.

(5) Other certifications now or hereafter required by law. (Code 1983 § 97.175.)

17.15.160 Public Works Superintendent certification.

The Public Works Superintendent shall certify that the subdivider has complied with one of the following alternatives:

(1) All improvements have been installed in accordance with the requirements of these regulations and with the action of the Planning Commission giving conditional approval of the tentative plat.

(2) An agreement has been executed as provided in MCC 17.15.190 and 17.15.200 to assure completion of required improvement. (Code 1983 § 97.180.)

17.15.170 Final plat approval criteria.

Upon receipt of the final plat and accompanying data, the City shall review the final plat and documents and shall approve or deny the final plat based on findings regarding compliance with the following criteria. If the City determines that there has not been full conformity, the applicant 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.

(1) Streets, roads, bikeways and pedestrian facilities, and alleys for public use are dedicated without any reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities.

(2) Streets, roads, bikeways and pedestrian facilities held for private use and indicated on the tentative plan of such subdivision or major partition have been approved by the City as conforming to the preliminary plat.

(3) The proposal complies with Monmouth policies and plans, as well as all provisions of this title, other applicable portions of the Monmouth Zoning Ordinance, and the Monmouth Public Works Standards.

(4) The plat or map is in substantial conformity with the provisions of the tentative plat for the subdivision or the major partition, as approved, and all conditions of approval have been satisfied.

(5) The plat or map contains a dedication to the public of all common improvements, including but not limited to streets, roads, bikeways and pedestrian facilities, parks, sewage disposal and water supply systems, the dedication of which was made a condition of the approval of the tentative plat for the subdivision or major partition.

(6) The applicant has provided copies of all recorded homeowners’ association codes, covenants, and restrictions (CC&Rs); deed restrictions; private easements and agreements (e.g., for access, common areas, parking, etc.) and other recorded documents pertaining to common improvements recorded and referenced on the plat.

(7) 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.

(8) Either:

(a) Improvements as required by this title or as a condition of tentative plat approval have been completed and a certificate of such fact has been filed with the Planning Department by the Public Works Director and a certification by the City that water and sanitary sewer service is available to each and every lot depicted on the plat; or

(b) A performance agreement (bond) or suitable substitute as agreed upon by the City and applicant has been filed with the City Recorder in sufficient amount to insure the completion of all required improvements.

(9) The applicant has provided a one-year warranty bond or other warranty security satisfactory to the City on all public improvements and landscaping installed in the public right-of-way. The warranty bond or other security shall be in the amount equal to 30 percent of the total cost of improvements and begin upon acceptance in writing of said improvements by the Public Works Director. (Amended by Ord. 1363, § 1 (Exh. 1), February 2, 2016. Code 1983 § 97.185.)

17.15.180 Approval of final plat.

If the final plat is approved as provided under MCC 17.15.170, the City Planner shall so advise the chair of the Planning Commission. The chair of the Planning Commission may then sign the plat without further action by the Planning Commission. (Code 1983 § 97.190.)

17.15.190 Agreement for improvements.

Before Planning Commission approval is certified on the final plat, the subdivider shall install required improvements and repair existing streets and other public facilities damaged in the development of the subdivision. The subdivider may, in lieu of completion of the required improvements and repair to existing streets and facilities, request the City Council to approve an agreement between himself and the City specifying the period within which required improvements and repairs shall be completed. The agreement shall not be effective until approval of the City Council. The agreement shall provide that if the work is not completed within the period specified the City may complete the work and recover the full cost and expense thereof from the subdivider. The agreement may provide for the construction of the improvements in units and for an extension of time under specified conditions. The City Council may reject any agreement authorized by this section for any reason the City Council deems sufficient. (Code 1983 § 97.195.)

17.15.200 Bond.

(1) The subdivider shall file with any agreement as specified in MCC 17.15.190, to assure full and faithful performance thereof, one of the following:

(a) A surety bond executed by a surety company authorized to transact business in the State of Oregon in a form approved by the City Manager.

(b) A personal bond cosigned by at least two additional persons together with evidence of financial responsibility and resources of those signing the bond sufficient to provide reasonable assurance of ability to proceed in accordance with the agreement.

(2) Such assurance of full and faithful performance shall be for a sum determined by the City as sufficient to cover the cost of the improvements and repairs, including related City expenses.

(3) If the subdivider fails to carry out provisions of the agreement and the City has unreimbursed costs or expenses resulting from such failure, the City shall call on the bond or cash deposit for reimbursement. If the amount of the bond or cash deposit exceeds the cost and expense incurred by the City, the City shall release the remainder. If the amount of the bond or cash deposit is less than the cost and expense incurred by the City, the subdivider shall be liable to the City for the difference.

(4) The developer shall furnish the City an itemized improvement estimate, certified by a registered civil engineer, to assist the City in calculating the amount of the performance assurance. (Code 1983 § 97.200.)

17.15.210 Filing of final plat.

Within 60 days of the City approval of the final plat, the applicant shall submit the final plat to Polk County for signatures of County officials as required by ORS Chapter 92. Upon final recording, the applicant shall submit to the City three copies of all sheets of the recorded final plat. This shall occur prior to issuance of building permits for the newly created lots. (Code 1983 § 97.205.)

17.15.220 Expiration of major partitioning and subdivision approvals.

(1) If the conditions set at the time of approval are not fulfilled and the plat or map offered for record by the partitioner or subdivider in the office of the County Recording Officer within one year, the subdivision or major partition approval is null and void, and new application for plat or map approval must be submitted for reconsideration.

(2) If, in the opinion of the City Manager or designate, conditions have changed to a sufficient degree to warrant reconsideration of the tentative plan, an application for tentative plan approval must be resubmitted and approved prior to subdivision plat or major partition map application submittal and reconsideration.

(3) The Planning Commission 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. (Code 1983 § 97.210.)

17.15.230 Resubmission of requests.

Any request for a major partition or subdivision 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 § 97.215.)

17.15.240 Rescission of a land use action.

Prior to final plat approval, any major partition or subdivision action granted under this title may be rescinded by the Planning Commission or City Council 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 § 97.220.)