Chapter 17.30
LAND PARTITIONING
Sections:
17.30.010 General requirements.
17.30.020 Application procedure.
17.30.030 Approval of preliminary plan.
17.30.040 Preparation of final map.
17.30.050 Approval of final map.
17.30.010 General requirements.
Whenever acreage tracts or parcels are to be partitioned, the following procedures shall apply:
The creation of one to three lots for the purpose of transfer of ownership or building development requires a partition map to be filed with the city. [Ord. 469 § 5.010, 1980].
17.30.020 Application procedure.
Application for a land partition requires a completed application form and a suitable preliminary plan to be submitted to the city administrator. The preliminary plan shall be drawn to scale on paper which is eight and one-half inches by 11 inches, 11 inches by 14 inches, or 11 inches by 17 inches in size and shall include the following information:
(1) The date, north point, scale and sufficient description to define the location and boundaries of the tract to be partitioned and its location.
(2) The name and address of the record owner and of the person who prepared the preliminary plan.
(3) The approximate acreage of the land under single ownership or, if more than one ownership is involved, the total contiguous acreage of the landowners directly involved in the partitioning.
(4) The locations, names and width of existing streets; location and size of sewer lines, water lines, culverts and drainage ways or other underground utilities within the tract to be partitioned or immediately adjacent; and the location of power poles.
(5) An outline and location of existing buildings to remain in place.
(6) Parcel layout, including a plan of the proposed partitioning, showing lot dimensions and the relationship to existing streets and utility easements.
(7) The location, widths, and names of all proposed streets and rights-of-way to be dedicated.
(8) Such additional information as required by the administrator. [Ord. 469 § 5.015, 1980].
17.30.030 Approval of preliminary plan.
(1) The administrator shall review the preliminary plan for compliance with this title, the comprehensive plan and the applicable zoning regulations of the city. The administrator may require dedication of land and easements and may specify conditions or modifications in the preliminary plan as necessary to establish compliance. In no event, however, shall the administrator require greater conditions than would be required of a subdivision.
(2) The action of the administrator shall be noted on two copies of the preliminary plan, including reference to any attached documents describing conditions of approval. One copy shall be returned to the partitioner and one copy shall be retained by the city.
(3) Approval of the preliminary plan shall not constitute acceptance of the final map for recording; however, approval of the preliminary plan shall be binding upon the city for the purpose of preparation of the map, and the city may require only such changes in the map as are necessary for compliance with the terms of approval.
(4) Appeal.
(a) The action or ruling of the administrator on a land partition may be appealed by an affected or aggrieved party to the planning commission within 12 days after the administrator has rendered his decision on the preliminary plan.
(b) Written notice of the appeal shall be filed in accordance with MCMC 17.55.050. [Ord. 469 § 5.020, 1980].
17.30.040 Preparation of final map.
(1) Within one year after approval of the preliminary plan by the administrator there shall be submitted to the city a final map prepared in conformance with the preliminary plan as approved. The partitioner shall submit the original map and one print along with any supplemental information to the city. The city administrator or the city administrator’s designee may extend authorization for an additional one year, provided a written request from the applicant is submitted prior to the expiration date, stating the reason(s) why an extension should be granted.
(2) All maps and other writings made a part of such map offered for record shall be made in black India ink, upon material that is 15 inches by 18 inches in size and is approved as suitable for binding and copying purposes (five-mil mylar or similar material). The map shall be drawn to a scale of one inch equals 50 feet, one inch equals 100 feet, one inch equals 200 feet, or one inch equals 400 feet. The lettering of approvals, and of the dedication and affidavit of the surveyor, shall be of such size or type as will be clearly legible, but no part shall come nearer any edge of the sheet than one inch. All information on the map shall be enclosed by a black border. The information shown on the final map shall be as follows:
(a) Recorded reference of property (including township, range, section) and description of each parcel partitioned.
(b) North arrow, title block, scale and date.
(c) A plan of the proposed partitioning showing lot dimension (in feet and hundredths), bearings of all lines (in degrees and minutes) and area of each parcel.
(d) A tie by actual survey to a section or donation land claim corner. When partitioning is a redivision of all or part of an existing subdivision, a tie shall be given to either the initial point or a block corner of the original subdivision.
(e) A statement regarding contemplated water supply and sewage disposal for each lot.
(f) Easements denoted by fine dotted lines, clearly identified, and, if already of record, their recorded reference. If an easement is not definitely located of record, a description of the easement shall be given. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the property shall be shown. If an easement is to be dedicated, it shall be accomplished by separate document(s) accompanying the partition map and referenced in the owner’s certificate of dedication.
(g) The location of existing permanent buildings, railroad rights-of-way, and other important features.
(h) The location, widths and names of existing and/or platted streets or other public ways within or adjacent to the property. If a street is to be dedicated with a land partition, it shall be accomplished by separate document(s) accompanying the partition map and referenced in the owner’s certificate of dedication. For streets on a curvature, curve data shall be shown on the map and shall be based on the street centerline. In addition to the centerline dimensions, the radius, tangent, long chord and central angle shall be indicated.
(i) A space for date and signatures of city administrator indicating approval of the map. The city administrator is authorized to endorse approval on behalf of the city council for a land partition which includes the creation of a street.
(j) A signature line indicating approval of map by the county surveyor.
(k) A certificate signed and acknowledged by all parties having any record title interest in the land, consenting to the preparation and recording of the map.
(l) Documents, signed and acknowledged as above, dedicating all land for public use.
(m) A certificate with the seal of and signed by the surveyor responsible for the survey and final map.
(n) Other certificates now or hereafter required by law.
(o) A copy of any dedication requiring separate documents and a list of all taxes and assessments on the property which have become a lien on the property shall accompany the map. [Ord. 469 § 5.025, 1980].
17.30.050 Approval of final map.
(1) Upon receipt of the final map by the city, the map and other data shall be reviewed by the city engineer who shall examine them to determine that the final plan as shown is substantially the same as it appeared on the approved preliminary plan and that there has been compliance with provisions of the law and of this title.
(2) The city engineer may make such checks in the field as are desirable to verify that the map is sufficiently correct on the ground, and his representative may enter the property for this purpose.
(3) If the city engineer determines that full conformity has not been made, he shall advise the partitioner of the changes or additions that must be made and shall afford the partitioner an opportunity to make the changes or additions.
(4) The final map will then be forwarded to the administrator and, when compliance with conditions has been assured, the map shall be signed by the administrator. All copies shall be marked with the date of approval. Approval of a land partition shall be considered final. Approval of a land partition which includes the creation of a street requires the map to be submitted and endorsed by the city administrator on behalf of city council. [Ord. 469 § 5.030, 1980].
17.30.060 Filing of map.
The city shall submit the partition map to Douglas County for recording. Any fees required by the county shall be paid by the partitioner. Following recording of the map, one print and one reproducible copy (three-mil mylar) shall be returned to the city. [Ord. 469 § 5.040, 1980].