Chapter 15.235
LAND DIVISIONS
Sections:
15.235.020 General requirements.
15.235.030 Preliminary plat approval process.
15.235.040 Preliminary plat submission requirements.
15.235.050 Preliminary plat approval criteria.
15.235.060 Land division related code adjustments and variances.
15.235.070 Final plat submission requirements and approval criteria.
15.235.080 Filing and recording.
15.235.090 Replatting and vacation of plats.
15.235.100 Validation of unit of land not lawfully established.
Prior legislation: Ords. 2451, 2529, 2590 and 2619. Code 2001 §§ 151.240.1, 151.240.2, 151.241.1, 151.241.2, 151.242.1, 151.242.2, 151.243.1, 151.244, 151.245, 151.246, 151.247, 151.248, 151.249, 151.249.2, 151.250.1, 151.250.2, 151.250.3, 151.251, 151.252.1, 151.252.2, 151.252.3, 151.252.4, 151.252.5.
15.235.010 Purpose.
The purpose of this chapter is to implement the objectives in subsections (A) through (E) of this section:
A. Provide rules, regulations, and standards governing the approval of subdivisions and partitions.
B. Carry out the city’s development pattern, as envisioned by the city’s comprehensive plan.
C. Encourage efficient use of land resources and public services, and provide transportation options.
D. Promote the public health, safety, and general welfare through orderly and efficient urbanization.
E. Provide adequate light and air, prevent overcrowding of land, and provide for adequate transportation, water supply, wastewater, fire protection, pollution control, surface water management, and protection against natural hazards. [Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]
15.235.020 General requirements.
A. Subdivision, Partition, and Middle Housing Land Division Approval Through a Two-Step Process. Applications for subdivision, partition, or middle housing land division approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation, according to the following two steps:
1. The preliminary plat must be approved before the final plat can be submitted for approval consideration; and
2. The final plat must demonstrate compliance with all conditions of approval of the preliminary plat.
B. Property line adjustments and lot consolidation requests (i.e., no new lot is created) are subject to Chapter 15.230 NMC; they are not subject to this section.
C. Compliance with ORS Chapter 92. All subdivision and partition proposals shall conform to state regulations in ORS Chapter 92, Subdivisions and Partitions.
D. Adequate Utilities. All lots created through land division shall have adequate public utilities and facilities such as streets, water, wastewater, gas, and electrical systems, pursuant to Chapters 15.430 and 15.505 NMC.
E. Adequate Drainage. All subdivision and partition proposals shall have adequate surface water drainage facilities that reduce exposure to flood damage and improve water quality. Water quality or quantity control improvements may be required, pursuant to NMC 15.505.050.
F. Adequate Access. All lots created or reconfigured shall have adequate vehicle access and parking, as may be required, pursuant to Chapter 15.440 NMC and NMC 15.505.030. [Ord. 2912 § 1 (Exh. A § 5), 5-1-23; Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]
15.235.030 Preliminary plat approval process.
A. Review of Preliminary Plat. All preliminary plats are subject to the approval criteria in NMC 15.235.050. Preliminary plats shall be processed using the Type II procedure under Chapter 15.100 NMC, except that subdivisions with any of the following conditions present shall be processed using the Type III procedure under Chapter 15.100 NMC:
1. The land is not fully within the city limits or urban growth boundary;
2. The land contains Goal 5 resources which are mapped and designated in the comprehensive plan and land use regulations. These resources include but are not limited to open spaces, scenic and historic areas and natural resources;
3. The proposed land division does not comply with the minimum street connectivity standards identified in NMC 15.505.030;
4. The proposed land division does not provide enough lots or parcels to allow building residential units at 80 percent or more of the maximum net density permitted in the zoning designation for the site;
5. The applicant requests, in writing and at the time of application, that the proposal be referred to the planning commission for a decision; or
6. A written request for the application to be heard by the planning commission is submitted by a member of the public during the 14-day public comment period provided for in NMC 15.100.200 et seq.
B. Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of two years from the date of approval except for middle housing land divisions which are subject to NMC 15.235.050. The preliminary plat shall lapse if a final plat has not been submitted or other assurance provided, pursuant to NMC 15.235.070. Phased subdivisions may be approved, pursuant to subsection (E) of this section, with an overall time frame of not more than two years between preliminary plat and final plat approvals. In no case shall phased subdivision approval extend for more than five years from the approval date.
C. Extensions. The original approval body may, upon written request by the applicant and payment of the required fee, grant a one-time extension of the approval period for an additional one year. Extension approval will require written findings to the following criteria:
1. The applicant has submitted written intent to file a final plat within the one-year extension period;
2. An extension of time will not prevent the lawful development of abutting properties;
3. There have been no changes to the applicable code provisions on which the approval was based. If such changes have occurred, a new preliminary plat application shall be required; and
4. The extension request is made before expiration of the original approved plan.
D. Modifications to Approved Preliminary Plats. The applicant may request changes to the approved preliminary plat or conditions of approval. Modification requests may either be deemed minor modifications or major modifications, according to the following criteria and at the determination of the director:
1. Minor Modifications. Minor modifications are reviewed through the Type I procedure, pursuant to NMC 15.100.020. Minor modifications retain consistency with the general layout and pattern of the approved plan and do not modify an element of the approved plan by a quantifiable standard of greater than 10 percent. Minor modifications may include the following:
a. Relocations of property lines, streets, walkways, and alleys;
b. Changes to the site utilities;
c. Changes which increase or decrease the number of lots; and
d. Modifications to the conditions of approval where an alternate method will derive the same result intended by the condition, or where a condition is deemed to be met in a different way than specified in the staff report.
2. Major Modifications. Major modifications are reviewed through the same procedure as the original approval procedure. Major modifications are any proposed changes to elements of the approved plan or conditions of approval not meeting the thresholds in subsection (D)(1) of this section.
E. Phased Subdivision. The city may approve a phased subdivision, provided the applicant proposes a phasing schedule that meets all of the following criteria:
1. In no case shall the construction time period (i.e., for required public improvements, utilities, streets) for the first subdivision phase be more than one year;
2. Public facilities shall be constructed in conjunction with or prior to each phase;
3. The phased development shall not result in requiring the city or a third party (e.g., owners of lots) to construct public facilities that are required as part of the approved development proposal;
4. The proposed time schedule for phased development approval shall be reviewed concurrently with the preliminary subdivision plat application; and
5. Modifications to the phasing schedule or phasing elements will be processed in accordance with subsection (D) of this section.
F. Middle Housing Land Division. Unless an applicant requests that an application be reviewed under the procedures set forth in this chapter, a middle housing land division shall be processed as provided under ORS 197.360 through 197.380, and is subject to the following:
1. Lots in the following districts or portions of districts may be divided for middle housing development: R-1, R-2, R-3, RP, AR, SD.
2. Middle housing requirements found in this chapter only apply to middle housing land divisions permitted on or after June 30, 2022.
3. An application for a middle housing land division may be submitted at the same time as the submittal of an application for building permits for middle housing.
4. Applications for a middle housing land division shall be processed by means of a preliminary plat evaluation and a final plat evaluation.
5. If the application for a middle housing land division is incomplete, the city shall notify the applicant of exactly what information is missing within 21 days of receipt of the application and allow the applicant to submit the missing information. Determination that an application is complete indicates only that the application contains the information necessary for a qualitative review of compliance with the Municipal Code standards.
6. If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted.
7. The tentative approval of a middle housing land division is void if and only if a final plat is not approved within three years of the tentative approval. [Ord. 2912 § 1 (Exh. A §§ 6, 7), 5-1-23; Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]
15.235.040 Preliminary plat submission requirements.
Applications for preliminary plat approval, and middle housing land division preliminary plat approval, shall contain all of the following information:
A. General Submission Requirements.
1. Information required for a Type II application.
2. Traffic Analysis. A traffic analysis shall be submitted for any project that generates in excess of 40 trips per p.m. peak hour. A traffic analysis may be required for projects below the 40 trips per p.m. peak hour threshold when the development’s location or traffic characteristics could affect traffic safety, access management, street capacity or a known traffic problem or deficiency. The traffic analysis shall be scoped in conjunction with the city and any other applicable roadway authority.
3. Public Utilities Analysis. The public facilities analysis shall be scoped with the city, and shall address the impact of the proposed development on the public wastewater and water systems. The analysis shall identify any mitigation or improvements necessary to the public facilities to adequately serve the development per city standards under adopted ordinances and master plans.
4. Stormwater Analysis. The stormwater analysis shall address the criteria listed in Chapter 13.25 NMC.
5. Wetland Delineation Approved by the Department of State Lands (DSL). An approved wetland delineation shall be submitted for any property listed in the National Wetlands Inventory (NWI) or that is located within the city’s mapped stream corridor.
6. Future Streets Concept Plan. The future streets concept shall show all existing subdivisions, streets, and unsubdivided land surrounding the subject property and show how proposed streets may be extended to connect with existing streets. At a minimum, the plan shall depict future street connections for land within 400 feet of the subject property.
B. Preliminary Plat Information. In addition to the general information described in subsection (A) of this section, the preliminary plat application shall consist of drawings and supplementary written material (i.e., on forms and/or in a written narrative) adequate to provide all of the following information, in quantities required by the director:
1. General Information.
a. Name of subdivision (partitions are named by year and file number). This name shall not duplicate the name of another land division in Yamhill County;
b. Date, north arrow, and scale of drawing;
c. Location of the development sufficient to define its location in the city, boundaries, and a legal description of the site;
d. Zoning of tract to be divided, including any overlay zones;
e. A title block including the names, addresses and telephone numbers of the owners of the subject property and, as applicable, the name of the engineer and surveyor, and the date of the survey; and
f. Identification of the drawing as a “preliminary plat.”
2. Existing Conditions. Except where the director deems certain information is not relevant, applications for preliminary plat approval shall contain all of the following information on existing conditions of the site:
a. Streets. Location, name, and present width of all streets, alleys and rights-of-way on and abutting the site;
b. Easements. Width, location and purpose of all existing easements of record on and abutting the site;
c. Public Utilities. Location and identity of all public utilities on and abutting the site. If water mains, stormwater mains, and wastewater mains are not on or abutting the site, indicate the direction and distance to the nearest utility line and show how utilities will be brought to standard;
d. Private Utilities. Location and identity of all private utilities serving the site, and whether the utilities are above or underground;
e. Existing Structures. Show all structures on the project site and adjacent abutting properties;
f. Ground elevations shown by contour lines at a minimum two-foot vertical interval for slopes up to 10 percent and five feet for slopes over 10 percent. Show elevations for the subject property and within 100 feet of the subject property. Such ground elevations shall be related to some established benchmark or other datum approved by the county surveyor; the city engineer may waive this standard for partitions when grades, on average, are less than six percent;
g. The location and elevation of the closest benchmark(s) within or adjacent to the site (i.e., for surveying purposes);
h. Wetlands and stream corridors;
i. The base flood elevation, per FEMA Flood Insurance Rate Maps, as applicable;
j. North arrow and scale; and
k. Other information, as deemed necessary by the director for review of the application. The city may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.
3. Proposed Development. Except where the director deems certain information is not relevant, applications for preliminary plat approval shall contain all of the following information on the proposed development:
a. Proposed lots, streets, tracts, open space and park land (if any); location, names, right-of-way dimensions, approximate radius of street curves; and approximate finished street centerline grades. All tracts that are being held for private use and all reservations and restrictions relating to such private tracts shall be identified;
b. Easements. Location, width and purpose of all proposed easements;
c. Lots and private tracts (e.g., private open space, common area, or street) with approximate dimensions, area calculation (e.g., in square feet), and identification numbers. Through lots shall be avoided except where necessary to provide separation of residential development from major traffic routes, adjacent nonresidential activities, or to overcome specific issues with topography or orientation;
d. Proposed uses of the property, including total number and type of dwellings proposed, all existing structures to remain, areas proposed to be dedicated as public right-of-way or preserved as open space for the purpose of stormwater management, recreation, or other use;
e. Proposed grading;
f. Proposed public street improvements, pursuant to NMC 15.505.030, including street cross sections;
g. Information demonstrating that proposed lots can reasonably be accessed and developed without the need for a variance and in conformance with applicable setbacks and lot coverage requirements;
h. Preliminary design for extending city water and wastewater service to each lot, per NMC 15.505.040;
i. Proposed method of stormwater drainage and treatment, if required, pursuant to NMC 15.505.050;
j. The approximate location and identity of other utilities, including the locations of street lighting fixtures, as applicable;
k. Evidence of compliance with applicable overlay zones; and
l. Evidence of contact with the applicable road authority for proposed new street connections. [Ord. 2912 § 1 (Exh. A § 8), 5-1-23; Ord. 2880 § 2 (Exh. B § 7), 6-7-21; Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]
15.235.050 Preliminary plat approval criteria.
A. Approval Criteria. By means of a Type II procedure for a partition, or a Type II or III procedure for a subdivision per NMC 15.235.030(A), the applicable review body shall approve, approve with conditions, or deny an application for a preliminary plat. The decision shall be based on findings of compliance with all of the following approval criteria:
1. The land division application shall conform to the requirements of this chapter;
2. All proposed lots, blocks, and proposed land uses shall conform to the applicable provisions of NMC Division 15.400, Development Standards;
3. Access to individual lots, and public improvements necessary to serve the development, including but not limited to water, wastewater, stormwater, and streets, shall conform to Division 15.500 NMC, Public Improvement Standards;
4. The proposed plat name is not already recorded for another subdivision, and satisfies the provisions of ORS Chapter 92;
5. The proposed streets, utilities, and stormwater facilities are adequate to serve the proposed development at adopted level of service standards, conform to the City of Newberg adopted master plans and applicable Newberg public works design and construction standards, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications;
6. All proposed private common areas and improvements, if any, are identified on the preliminary plat and maintenance of such areas is assured through the appropriate legal instrument;
7. Evidence that any required state and federal permits, as applicable, have been obtained or can reasonably be obtained prior to development; and
8. Evidence that improvements or conditions required by the city, road authority, Yamhill County, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met.
B. Middle Housing Land Division Criteria. The decision to approve a middle housing land division, processed as either a Type II or Type III procedure per NMC 15.100.030(B), shall be based on the following:
1. In addition to subsection (A) of this section, a middle housing land division shall comply with the following:
a. A proposal for development of middle housing in compliance with the Oregon Residential Specialty Code and land use regulations applicable to the original lot or parcel allowed under ORS 197.758(5);
b. Separate utilities for each dwelling unit;
c. Proposed easements necessary for each dwelling unit on the plan for:
i. Locating, accessing, replacing and servicing all utilities;
ii. Pedestrian access from each dwelling unit to a private or public road;
iii. Any common use areas or shared building elements;
iv. Any dedicated driveways or parking; and
v. Any dedicated common area;
d. Exactly one dwelling unit on each resulting lot or parcel, except for lots, parcels or tracts used as common areas;
e. Evidence demonstrating how buildings or structures on a resulting lot or parcel will comply with applicable building code provisions relating to new property lines;
f. Notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the Oregon Residential Specialty Code;
g. Conditions may be added to the approval of a tentative plan for a middle housing land division to:
i. Prohibit the further division of the resulting lots or parcels.
ii. Require that a notation appear on the final plat indicating that the approval was given under this section;
h. In reviewing an application for a middle housing land division, the city shall:
i. Apply the procedures under ORS 197.360 to 197.380.
ii. Require street frontage improvements where a resulting lot or parcel abuts the street consistent with land use regulations implementing ORS 197.758.
iii. May not subject an application to approval criteria except as provided in this section, including that a lot or parcel require driveways, vehicle access, parking or minimum or maximum street frontage.
iv. May not subject the application to procedures, ordinances or regulations adopted under ORS 92.044 or 92.046 that are inconsistent with this section or ORS 197.360 to 197.380.
v. May allow the submission of an application for a middle housing land division at the same time as the submission of an application for building permits for the middle housing.
vi. May require the dedication of right-of-way if the original parcel did not previously provide a dedication.
vii. The type of middle housing developed on the original parcel is not altered by a middle housing land division.
viii. Notwithstanding ORS 197.312(5), a city or county is not required to allow an accessory dwelling unit on a lot or parcel resulting from a middle housing land division.
ix. The tentative approval of a middle housing land division is void if and only if a final subdivision or partition plat is not approved within three years of the tentative approval.
x. Nothing in this section or ORS 197.360 to 197.380 prohibits a city or county from requiring a final plat before issuing building permits.
C. Conditions of Approval. The city may attach such conditions as are necessary to carry out provisions of this code, and other applicable ordinances and regulations. [Ord. 2912 § 1 (Exh. A § 9), 5-1-23; Ord. 2880 § 2 (Exh. B § 8), 6-7-21; Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]
15.235.060 Land division related code adjustments and variances.
Code adjustments and variances shall be processed in accordance with Chapters 15.210 and 15.215 NMC. Applications for code adjustments and variances related to the proposed land division shall be submitted at the same time an application for land division is submitted; the applications shall be reviewed concurrently.
A. Applicability. Limited to residential developments requiring a developer, declarant or owner to subdivide land, as defined in ORS 92.010, and to obtain a permit under ORS 215.416 or 227.175.
B. Early Issuance of Building Permits. Following approval of a preliminary plat and before recordation of a final plat, applicable projects may request early issuance of residential building permits pursuant to successful completion of all required criteria.
1. The project must reach substantial completion of the public improvements, pursuant to ORS 147.755 and as defined herein;
2. The owner must sign a security and improvement agreement to provide for security and schedule of completion of final infrastructure improvements;
3. The owner must provide security at 120 percent of the estimated costs of the public improvements not yet completed; and
4. Regardless of early issuance of building permits, certificate of occupancy shall not be issued prior to completion of all public improvements. [Ord. 2916 § 1 (Exh. A § 2), 6-5-23; Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]
15.235.070 Final plat submission requirements and approval criteria.
Final plats require review and approval by the director prior to recording with Yamhill County. The final plat submission requirements, approval criteria, and procedure are as follows:
A. Submission Requirements. The applicant shall submit the final plat within two years, or as otherwise provided for in NMC 15.235.030. The format of the plat shall conform to ORS Chapter 92. The final plat application shall include the following items:
1. One original and one identical copy of the final plat for signature. The plat copies shall be printed on mylar, and must meet the requirements of the county recorder and county surveyor. The plat must contain a signature block for approval by the city recorder and community development director, in addition to other required signature blocks for county approval. Preliminary paper copies of the plat are acceptable for review at the time of final plat application.
2. Written response to any conditions of approval assigned to the land division.
3. A title report for the property, current within six months of the final plat application date.
4. Copies of any required dedications, easements, or other documents.
5. Copies of all homeowner’s agreements, codes, covenants, and restrictions, or other bylaws, as applicable. This shall include documentation of the formation of a homeowner’s association, including but not limited to a draft homeowner’s association agreement regarding the maintenance of planter strips adjacent to the rear yard of proposed through lots.
6. Copies of any required maintenance agreements for common property.
7. A bond, as approved by the city engineer, for public infrastructure improvements, if the improvements are not substantially complete prior to the final plat.
8. Any other item required by the city to meet the conditions of approval assigned to the land division.
B. Approval Process and Criteria. By means of a Type I procedure, the director shall review and approve, or deny, the final plat application based on findings of compliance or noncompliance with the preliminary plat conditions of approval. [Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]
15.235.080 Filing and recording.
A new lot is not a legal lot for purposes of ownership (title), sale, lease, or development/land use until a final plat is recorded for the subdivision or partition containing the lot. The final plat filing and recording requirements are as follows:
A. Filing Plat with County. Within 60 days of the city approval of the final plat, the applicant shall submit the final plat to Yamhill County for signatures of county officials as required by ORS Chapter 92.
B. Proof of Recording. Upon final recording with the county, the applicant shall submit to the city a paper copy of all sheets of the recorded final plat. This shall occur prior to the issuance of building permits for the newly created lots except where allowed pursuant to NMC 15.235.060.
C. Prerequisites to Recording the Plat.
1. No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92;
2. No plat shall be recorded until the county surveyor approves it in the manner provided by ORS Chapter 92. [Ord. 2916 § 1 (Exh. A § 3), 6-5-23; Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]
15.235.090 Replatting and vacation of plats.
Any plat or portion thereof may be replatted or vacated upon receiving an application signed by all of the owners as appearing on the deed. Except as required for street vacations, the same procedure and standards that apply to the creation of a plat (preliminary plat followed by final plat) shall be used to replat or vacate a plat. Street vacations are subject to ORS Chapter 271. A replat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys; or if it fails to meet any applicable city standards. [Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]
15.235.100 Validation of unit of land not lawfully established.
The planning commission, through a Type III procedure and the procedures and criteria established in ORS 92.176, may validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land. [Ord. 2813 § 1 (Exh. A § 7), 9-5-17.]