Chapter 17.10
APPLICATION PROCEDURE AND APPROVAL PROCESS
Sections:
Article I. Subdivisions
17.10.020 Discussion of requirements.
17.10.050 Final subdivision plat.
Article II. Major or Minor Partitions
17.10.060 Application procedure and requirements.
17.10.070 Review by city engineer.
17.10.080 Review by planning commission.
17.10.100 Filing with county recorder.
Article III. Criteria for Approval of Subdivisions and Major and Minor Partitions
17.10.110 Criteria for approval of subdivisions and major and minor partitions.
Article IV. Tax Lot Splits and Boundary Adjustments
17.10.130 Review procedures and classifications.
17.10.140 Conditions of approval for Type 2 tax lot splits.
17.10.180 Notification to Umatilla County assessor’s office.
Article I. Subdivisions
17.10.010 Generally.
Before any permit for the erection of any structure in a proposed subdivision is granted, and before any contract for sale of any part thereof is made, the subdividing owner or his authorized agent shall apply for and secure approval of the proposed subdivision in accordance with the procedure in this article. [Ord. 515 § 2.1, 2005].
17.10.020 Discussion of requirements.
Before preparing the sketch plan as required in PRMC 17.10.030, the applicant shall discuss with the city recorder or zoning administrator the procedure for adoption of a subdivision plat and the improvement requirements provided for in this title. [Ord. 515 § 2.1(1), 2005].
17.10.030 Sketch plan.
Prior to subdividing land, an owner of land or his representative shall file an application for approval of a sketch plan.
(1) The application shall:
(a) Be made on forms available from the city;
(b) Include all contiguous holdings of the owner, with an indication of the portion which is proposed to be subdivided. It shall also be accompanied by an affidavit of ownership, which shall include the dates the respective holdings of land were acquired, together with the book and page of each conveyance to the present owner as recorded in the county clerk’s office. The affidavit shall list the legal owner of the property, the contract owner of the property, the date contract of sale was executed, and, if any corporations are involved, a complete list of all directors, officers and stockholders of each corporation owning more than five percent of any class of stock;
(c) Be accompanied by a minimum of five copies of the sketch plan as described in these regulations and complying in all respects with these regulations;
(d) Be accompanied by the appropriate fee, based on the fee schedule adopted by the city council;
(e) Include an address and telephone number of an agent who shall be authorized to receive all notices required by this title.
(2) Planning Commission Review of Sketch Plan. At its next regular meeting, the planning commission shall study the sketch plan, taking into consideration the requirements of the subdivision regulations and the best use of the land being subdivided. Particular attention must be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the further development of adjoining lands as yet unsubdivided, and the requirements of the comprehensive plan.
(3) Planning Commission Recommendation. Within 14 days after the planning commission reviews the sketch plan, it shall advise the city council and the applicant of the specific changes or additions, if any, it has determined necessary.
(4) City Council Review of Sketch Plan. The city council shall review the sketch plan at its next regular meeting after receiving the planning commission’s recommendation.
(5) Approval of Sketch Plan. Within 30 days after the city council reviews the sketch plan, it shall advise the applicant of the specific changes or additions, if any, it will require in the layout, and the character and extent of required improvements and reservations which it will require as a prerequisite to the approval of the tentative subdivision plan. The city council may require additional changes as a result of further study of the subdivision in final form. This approval authorizes the applicant to submit a tentative plan.
(6) Notice to Governmental Units. All affected governmental units shall be notified of the approval of the sketch plan and shall be given a reasonable period of time to review the plan and to suggest revisions in the public interest prior to the public hearing on the tentative plan. [Amended during 2011 codification; Ord. 515 § 2.1(2), 2005].
17.10.040 Tentative plan.
(1) Application Procedure and Requirements. Based upon the approval of the sketch plan, the applicant shall file in duplicate an application for approval of a tentative plan. The application shall:
(a) Be accompanied by a minimum of five copies of the tentative plan, as described in PRMC 17.25.020, and submitted to the city recorder at least 15 days prior to a regular planning commission meeting;
(b) Be made on forms available from the city, together with the appropriate fee, based on the fee schedule adopted by the city council;
(c) Include all land which the applicant proposes to subdivide, and if the subdivision pertains to only a part of the tract owned or controlled by the subdivider, then the applicant shall also include a sketch of a tentative layout for streets in the unsubdivided portion;
(d) Comply in all respects with the sketch plan, as approved;
(e) Subdivision and site plan review shall address the following access criteria:
(i) All proposed roads shall follow the natural topography and preserve natural features of the site as much as possible. Alignments shall be planned to minimize grading.
(ii) Access shall be properly placed in relation to sight distance, driveway spacing, and other related considerations, including opportunities for joint and cross access.
(iii) The road system shall provide adequate access to buildings for residents, visitors, deliveries, emergency vehicles, and garbage collection.
(iv) An internal pedestrian system of sidewalks or paths shall provide connections to parking areas, entrances to the development, and open space, recreational, and other community facilities associated with the development. Streets shall have sidewalks on both sides. Pedestrian linkages shall also be provided to the peripheral street system.
(v) The access shall be consistent with the access management standards adopted in the transportation system plan.
(2) Preliminary Review by City Engineer. Upon receipt of the application for tentative plan approval, the city recorder shall furnish one copy of the application to the city engineer. The city engineer shall review the tentative plan and prepare his preliminary report to present to the planning commission at its next regular meeting.
(3) Planning Commission Review. At its next regular meeting, the planning commission shall review the tentative plan and the preliminary report of the city engineer.
(4) Planning Commission Recommendation. Within 14 days after planning commission review, the planning commission shall advise the city council, city engineer, and the applicant of the specific changes or additions, if any, it has determined necessary.
(5) City Council Review. The city council shall hold a public hearing to review the tentative plan after receiving the planning commission’s recommendation and the city engineer’s report.
(6) Notice and Opportunity to Be Heard.
(a) Notice.
(i) Procedure. The city recorder shall give notice of the public hearing in the following manner:
(A) Newspaper. Notice shall be published in an issue of a newspaper of general circulation within the city, at least 10 days in advance of the public hearing.
(B) Mail. At least 10 days prior to the public hearing, notice of the hearing shall be sent by first class mail to:
1. The applicant and all record owners and contract purchasers of real property within 250 feet of the property which is the subject of the proposed action; and
2. All affected governmental units which have an interest in the proposed subdivision.
(C) Posting. At least 10 days prior to the public hearing, a notice of such public hearing shall be posted on the closest public streets in visible locations surrounding the proposed subdivision or property to be partitioned.
(ii) Content. The public notices shall contain the following:
(A) Date, time and place of public hearing;
(B) General description of the action proposed on the subdivision application;
(C) Address, including lot and block number, if any, of the property that is to be subdivided;
(D) Notice by mail and posting shall also include an eight-and-one-half-inch by 11-inch diagram of the property to be subdivided, to be provided by the applicant, indicating its location relative to adjacent property owners within 250 feet and at least two clearly marked public streets.
(b) Public Hearing.
(i) The city council shall hold a public hearing on the tentative plan within 40 days from the first regular planning commission meeting following submission of the tentative plan.
(ii) The public hearing shall be conducted in accordance with the requirements governing the conduct of quasi-judicial hearings on land use matters pursuant to ORS 215.412 and 227.170, and PRMC 18.110.030.
(iii) If necessary, the city council may resolve to continue the public hearing, giving the date, time, and place the hearing will be continued. The total time allotted from submission of the tentative plat until tentative approval shall not exceed 120 days.
(7) Action on Tentative Plan.
(a) Within 15 days following the close of the public hearing, the city council shall give written notice to the applicant of approval, disapproval or conditional approval of the tentative plan. Approval shall be indicated by the signature of the mayor on the plan.
(b) One copy of the tentative plan shall be returned to the developer with the date of approval, conditional approval or disapproval and the findings and conclusions upon which the city council’s decision was based accompanying the plan.
(8) Effective Period of Tentative Approval.
(a) The approval of a tentative plan for a subdivision shall be effective for one year.
(b) Any plan not receiving final approval within one year shall be null and void, and the developer shall submit a new tentative plan for approval, subject to all current zoning restrictions and land division regulations. [Ord. 515 § 2.1(3), 2005].
17.10.050 Final subdivision plat.
(1) Application Procedure and Requirements. Within one year of the approval of the tentative plan, the applicant, in order to receive final approval of the subdivision plat, shall file with the city council an application which shall:
(a) Be made on forms supplied by the city, together with the appropriate fee, based on the fee schedule adopted by the city council;
(b) Include the entire subdivision or section thereof, access to which is via an existing state, county or local government street;
(c) Be accompanied by a minimum of 10 copies of the subdivision plat, as described in PRMC 17.25.030;
(d) Comply in all respects with the tentative plan, as approved;
(e) Be presented to the city recorder, who shall then refer the application to the city council prior to the next regular meeting of the city council at which consideration is desired;
(f) Be accompanied by all formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, parks and easements, without any reservation other than reversionary rights upon vacation of any such street or road and easements for public utilities, pursuant to ORS 92.090(3);
(g) Be accompanied by a performance bond or other assurance for completion and maintenance of improvements, as specified in Chapter 17.15 PRMC, and which includes a provision that the principal of the bond or other guarantee of financial security shall comply with all the terms specified by the city council as a condition of approval of the final subdivision plat;
(h) Be accompanied by written assurance from public utility companies and improvement districts that necessary utilities will be installed and by proof that the applicant has submitted petitions in writing for the creation or extension of any improvement districts as required by the city council upon tentative plan approval.
(2) Review of Application.
(a) The city council shall review the application at the next regular city council meeting following submission of the application for final plat approval. In order to be considered at the next meeting, the application shall be submitted at least 10 working days before the regularly scheduled meeting of the city council.
(b) The application for final plat approval and accompanying documents shall be reviewed by the city engineer and affected governmental units to determine whether it substantially conforms to the tentative plan, the requirements of law and this title. The city engineer may make such checks in the field as are desirable to verify that the subdivision plat is sufficiently correct on the ground and he or his representatives may enter the property for this purpose. If the city engineer determines that the final subdivision plat does not so conform to the tentative plan, the requirements of law and this title, then he shall advise the applicant of the changes that must be made and shall afford the applicant an opportunity to make the changes or additions.
(c) The Oregon Department of Transportation shall review any application that involves access to the state highway system for conformance with state access management standards.
(d) Upon receipt of the plat with the approval of the city engineer, the city council shall consider the application at a regularly scheduled meeting. Within 10 days of the meeting, the city council shall approve, disapprove or conditionally approve the application, setting forth in detail any conditions of approval or reasons for disapproval.
(e) The final resolution of the city council approving the application shall stipulate the period of time when the performance bond or other guarantee of financial security shall be filed or the required improvements installed, whichever is applicable. It shall also contain the written findings of fact and conclusions of law which it relied upon in reaching its decision. One copy of the final subdivision plat or major partition map signed by the mayor shall be returned to the developer with the date of approval, conditional approval or disapproval noted thereon, and the reasons therefor accompanying the plat or map.
(f) Filing of Plat. Without delay, the subdivider shall submit the final plat for signatures of other public officials required by the law. Approval of the plat shall be null and void if the plat is not recorded within 90 days after the date the last required approving signature has been obtained, or within one year of approval of the final plat or map, whichever is sooner. [Ord. 515 § 2.1(4), 2005].
Article II. Major or Minor Partitions
17.10.060 Application procedure and requirements.
Prior to creating a major or minor land partition, an owner of land or his representative shall file with the city recorder an application for approval of a sketch plan.
The application shall:
(1) Be made on forms available from the city;
(2) Include all contiguous holdings of the owner, with an indication of the portion which is proposed to be partitioned. It shall also be accompanied by an affidavit of ownership, which shall include the dates the respective holdings of land were acquired together with the book and page of each conveyance to the present owner as recorded in the county clerk’s office. The affidavit shall list the legal owner of the property, the contract owner of the property, the date contract of sale was executed and, if any corporations are involved, holders of each corporation owning more than five percent of any class of stock;
(3) Be accompanied by a minimum of five copies of the sketch plan, as described in PRMC 17.25.010, and complying in all respects with this title;
(4) Be accompanied by the appropriate fee, based on the fee schedule adopted by the city council. [Ord. 515 § 2.2(1), 2005].
17.10.070 Review by city engineer.
The city recorder, within 10 days of receipt of the application, shall refer the application to the city engineer, who shall determine if dedication of land, easements or conditions for approval of the sketch plan are required. [Ord. 515 § 2.2(2), 2005].
17.10.080 Review by planning commission.
(1) After receipt of the application and report by the city engineer, the planning commission shall review at a public hearing the application, sketch plan and recommendations of the city engineer at its next regular meeting.
(2) Planning Commission’s Decision. Within 14 days after the planning commission reviews the sketch plan and the report of the city engineer, they shall make a decision and findings and notify the applicant within 14 days after the close of the hearing. [Ord. 515 § 2.2(3), 2005].
17.10.090 Appeals.
The decision of the planning commission may be appealed by an affected person to the city council within 15 days from the decision of the planning commission. Such an appeal shall be in writing, addressing the relevant portions of this title that were inadequately addressed by the planning commission and accompanied by the appeal fee adopted by the city council. [Ord. 515 § 2.2(4), 2005].
17.10.100 Filing with county recorder.
The applicant shall, upon receiving approval for a major or minor partition, deliver the approved partition and related improvement agreements, if any, to the county recorder’s office for recording, or deliver to the county assessor’s office a written description along with a written request that the lot configuration conform to the approved map. The applicant shall complete this recording on written request within 60 days from final approval of the minor or major partition. Upon failure to record the map or request the assessor’s office to reconfigure the lot, the city’s approval shall be void. [Ord. 515 § 2.2(5), 2005].
Article III. Criteria for Approval of Subdivisions and Major and Minor Partitions
17.10.110 Criteria for approval of subdivisions and major and minor partitions.
In reviewing an application for a subdivision or major or minor partition, the planning commission or city council shall make findings addressing the following criteria:
(1) The plat complies with applicable policies within the comprehensive plan, including but not limited to policies listed in the public facilities and services and transportation elements of the plan.
(2) The plat complies with the requirements of this title, including but not limited to streets, sidewalks, curbs, gutters and storm drainages.
(3) The plat complies with the requirements listed in PRMC Title 18, Zoning.
(4) Streets for access purposes are laid out so as to conform to plat maps of other subdivisions and partitions already approved for adjoining properties, unless the planning commission or city council find that it is in the public interest to modify the road pattern.
(5) The plat shall consider energy conservation measures (e.g., roads, lot and building orientation for solar and wind usage) unless vegetation, topography, terrain, or adjacent development will not allow these energy conservation measures.
(6) Conforms with any other policy adopted by the city council. [Ord. 515 § 2.3, 2005].
Article IV. Tax Lot Splits and Boundary Adjustments
17.10.120 Generally.
Any realignment, combination, or split of one or more tax lots which results in the creation of one or more new homesites or building sites is termed a “tax lot split.” Tax lot splits must be reviewed to ensure that water, sewer, and public access are adequately provided. Also, road improvements and provision of street trees must also be examined. A boundary adjustment occurs where one or more lot lines are adjusted, but no new lots are created. [Ord. 515 § 2.4, 2005].
17.10.130 Review procedures and classifications.
Tax lot splits and boundary adjustments shall be processed as follows:
(1) Boundary Adjustments. Outright permitted use subject to approval of a development permit.
(2) Type 1 Tax Lot Splits. Fronting on paved streets with water and sewer readily available. Outright permitted use subject to approval of a development permit with a condition of street tree planting and/or sidewalk construction as necessary.
(3) Type 2 Tax Lot Splits. Fronting on sub-standard or unimproved streets, or requiring access via an easement, or requiring extension of water or sewer lines. Reviewed under the provisions listed in Article II of this chapter. [Ord. 515 § 2.4(1), 2005].
17.10.140 Conditions of approval for Type 2 tax lot splits.
(1) Provision of water and sewer by the seller prior to selling, or by the purchaser prior to final approval of a development permit.
(2) Dedication of necessary street right-of-way by seller.
(3) Improvement of street by seller or by purchaser prior to final approval of a development permit if the property involved is the only or major beneficiary of street improvements or if the existing condition of the street and the scale or location of the development is such that substantial improvements are absolutely necessary to provide adequate access to the property. Otherwise, if the property involved is only a minor beneficiary and adequate access can be provided by the substandard grade street, only an irrevocable consent to participate in a future local improvement district will be required to be signed by the seller and run with the property.
(4) Street tree planting and/or sidewalk construction as necessary. [Amended during 2011 codification; Ord. 515 § 2.4(2), 2005].
17.10.150 Approval document.
If the requested tax lot split or boundary adjustment is approved with no conditions, an approval document with map attached will be recorded in the deed records of Umatilla County and a copy will be sent to the applicant. [Ord. 515 § 2.4(3), 2005].
17.10.160 Agreements.
If conditions are placed on approval of a tax lot split, the city shall have a mutually binding agreement drawn up, signed and recorded in the deed records of Umatilla County. If the applicant refuses to sign the agreement, the approval becomes null and void. [Ord. 515 § 2.4(4), 2005].
17.10.170 Bonding.
The city may require the applicant to post bond up to the amount of the cost of meeting conditions and standards specified by this title for the city. The bond shall be released upon proof by the applicant that the conditions and standards have been met. If conditions and standards required are not met within one year, and an extension has not been granted, the bond shall be forfeited and the city may institute legal proceedings. [Amended during 2011 codification; Ord. 515 § 2.4(5), 2005].
17.10.180 Notification to Umatilla County assessor’s office.
While the Umatilla County assessor’s office will receive copies of all recorded approval documents and agreements, the applicant must formally request the assessor’s office to perform the approved tax lot split or boundary adjustment. [Ord. 515 § 2.4(6), 2005].