Chapter 4.3
LAND DIVISIONS AND PROPERTY LINE ADJUSTMENTS
Sections:
4.3.112 Preplanning for large sites.
4.3.115 Flexible lot size – Lots without street frontage – Flag lots – Minisubdivisions.
4.3.120 Preliminary plat approval process.
4.3.130 Preliminary plat submission requirements.
4.3.140 Review criteria – Preliminary plat.
4.3.160 Final plat submission requirements and review criteria.
4.3.170 Public improvements required.
4.3.180 Performance guarantee.
4.3.200 Re-platting and vacation of plats and easements.
4.3.210 Property line adjustments.
4.3.100 Purpose.
The purpose of this chapter is to:
A. Provide rules, regulations and standards governing the approval of subdivisions, partitions and lot line adjustments:
1. Subdivisions are the creation of four or more lots from one parent lot, parcel or tract, within one calendar year;
2. Partitions are the creation of three or fewer lots within one calendar year;
3. Lot line adjustments are modifications to lot lines or parcel boundaries that do not result in the creation of new lots (includes consolidation of lots);
B. Carry out the city’s development pattern, as envisioned by the comprehensive plan;
C. Encourage efficient use of land resources, full utilization of urban services, and 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, sewage, fire protection, pollution control, surface water management, and protection against natural hazards; and
F. Encourage the conservation of energy resources. (Ord. 08-06 § 3, 2008)
4.3.110 General requirements.
A. Subdivision and Partition Approval Through Two-Step Process. Applications for subdivision or partition 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 include all conditions of approval of the preliminary plat and construction plans must be approved before the final plat may be considered for approval.
B. Compliance with ORS Chapter 92. All subdivision and partition proposals shall conform to state regulations in ORS Chapter 92, Subdivisions and Partitions.
C. Future Redivision Plan. When subdividing or partitioning tracts into large lots (i.e., greater than two times or 200 percent the minimum lot size allowed by the land use district), the city shall require that the lots be of such size, shape, and orientation as to facilitate future re-division in accordance with the requirements of the land use district and this code. A re-division plan shall be submitted for large lots identifying:
1. Potential future lot division(s), consistent with the densities and lot sizes in Article 2;
2. Potential street right-of-way alignments to serve future development of the property and connect to adjacent properties, including existing or planned rights-of-way;
3. A disclaimer that the plan is a conceptual plan intended to show potential future development. It shall not be binding on the city or property owners, except as may be required through conditions of land division approval. For example, dedication and improvement of rights-of-way within the future plan area may be required to provide needed secondary access and circulation.
D. Lot Size Averaging. Lot size may be averaged to allow lots less than the minimum lot size, as provided in SDC 4.3.115, or when approved through a planned development under Chapter 4.5 SDC.
E. Temporary Sales Office. A temporary sales office in conjunction with a subdivision may be approved as set forth in SDC 4.9.100, Temporary uses.
F. Minimize Flood Damage. All subdivisions and partitions shall be designed based on the need to minimize the risk of flood damage. See also Chapter 2.5 SDC, Floodplain Overlay District.
G. Determination of Base Flood Elevation. See Chapter 2.5 SDC, Floodplain Overlay District.
H. Need for Adequate Utilities. All lots created through land division shall have adequate public utilities and facilities such as sewer, gas, electrical, and water systems. These systems shall be located and constructed to prevent or minimize flood damage, and to avoid impairment of the system and contamination from them during flooding.
I. Need for 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.
J. Floodplain, Park, and Open Space Dedication.
1. Where land filling and/or development is allowed within or adjacent to a regulatory floodplain in accordance with Chapter 2.5 SDC, and the comprehensive plan designates the subject floodplain for park, open space, or trail use, the city may require the dedication of sufficient open land area to accommodate planned improvements in accordance with its facility plans.
2. The city may require a greenway and/or trail adjoining or within the floodplain for transportation, storm drainage/water quality, or park purposes, consistent with facility plans.
3. When practicable, such areas shall include portions at a suitable elevation for the construction of a multi-use pathway in accordance with applicable facility plans. The city shall evaluate individual development proposals and determine whether the dedication of land is justified based on the development’s impact to the park and/or trail system, or stormwater management requirements, consistent with SDC 3.4.200 and 3.4.400, and may assist in obtaining any floodplain permit that may be required.
4. Where the city determines that required open space areas are not to be dedicated to the public, such areas shall be protected and maintenance assured through a conservation easement or other legal instrument approved by the city council. (Ord. 08-06 § 3, 2008)
4.3.112 Preplanning for large sites.
A. Purpose. The purpose of this section is to require preplanning of large sites (i.e., in conjunction with annexations, planned development approvals, and subdivision approvals) and ensure the development of fully integrated, mixed-use pedestrian-oriented neighborhoods. The intent is to minimize traffic congestion, suburban sprawl, infrastructure costs, and environmental degradation, particularly as new development takes place on large parcels of land.
B. Applicability. This section applies to parcels, and development sites with more than one parcel in residential district(s) that are 20 acres or larger.
C. Area Plan Required. When an annexation or land division site contains 20 acres or more, prior to annexation and land division approval, the applicant shall prepare a specific area plan meeting the criteria in subsection (D) of this section. For the purposes of this section, the “site” shall be considered the area subject to an annexation request or land use application and any contiguous land under common ownership, except for land under common ownership that is located outside the urban growth boundary.
D. Land Use and Design Standards. The specific area plan required under subsection (C) of this section shall accommodate planned housing needs, employment uses, and public facilities, as applicable. Land needed for public use (e.g., schools, parks, fire stations, and other facilities) shall be designated on the master plan, in accordance with the city’s facility plans.
E. Implementation. Upon approval of a plan under the provisions of this section, the processing of development proposals shall follow the land division procedures in this chapter, and the land use review and/or design review procedures in Chapter 4.2 SDC, as applicable. Any modifications to the approved master plan shall be subject to the standards and procedures in Chapter 4.6 SDC, Modifications to Approved Plans and Conditions of Approval. (Ord. 08-06 § 3, 2008)
4.3.115 Flexible lot size – Lots without street frontage – Flag lots – Minisubdivisions.
A. Flexible Lot Size. To allow creativity and flexibility in subdivision design and to address physical constraints, such as areas subject to the hillside protection overlay, jurisdictional wetlands, floodplain, unusual parcel configuration, or similar constraint, the review body may grant a 10 percent adjustment to the lot area and/or lot dimension (width/depth) standards in SDC 2.2.130 without the need for a variance under Chapter 5.1 SDC; provided, that the overall density of the subdivision does not exceed the allowable density of the district based on the developable area exclusive of right-of-way areas and the review body finds that granting the modification allows for a greater variety of housing types or it improves development compatibility with natural features or adjacent land uses. The review body may require that standard size lots be placed at the perimeter of the development where the abutting lots are standard size or larger; except that this provision shall not apply where the abutting lots are larger than 15,000 square feet.
B. Individual Lots without Street Frontage. Individual lots may be developed without frontage onto a public street when lot access is provided by an access easement approved by the city. Such access easements may be approved through the partitioning process when the review body finds that no other practicable alternative exists for accessing the lot and no new public street is required to meet the block length and street connectivity standards in Chapter 3.1 SDC. Access easements may be allowed as an alternative to requiring through streets where block lengths do not necessitate a through street. Such driveways and easements shall meet the driveway standards in Chapter 3.1 SDC. See also subsection (C) of this section, Flag Lots.
C. Flag Lots. Flag lots are discouraged and allowed only when absolutely necessary to provide adequate access to buildable sites in infill situations where the dedication and improvement of a public street cannot be provided or the lots take access from an access-restricted roadway. Flag lots are generally not allowed in new subdivisions. A single flag lot may be allowed in a subdivision, provided the variance process is undertaken and all review criteria are met. The review body may approve a flag lot in conjunction with a partition approval only where all lots in the partition meet all of the following criteria. Where the following criteria conflict with requirements of the applicable land use district, the following criteria shall apply:
1. The minimum lot area standards for the district must be met for all lots in the partition;
2. Not more than three parcels may receive vehicle access from the flag “pole” portion of the flag lot partition, provided one of the lots has adequate street frontage;
3. An irrevocable reciprocal access and maintenance easement, subject to review and approval of the community development director, shall be recorded on the plat;
4. The flag pole access must have a minimum width of 20 feet, except the city engineer may require a minimum width of 25 feet where the pole provides access to two or more lots;
5. A minimum building setback of five feet from the flag pole access shall be maintained;
6. The maximum length of any flag pole access shall be 150 feet, unless a turnaround has been approved by the Silverton fire marshal and such turnaround shall be included with the reciprocal access easement recorded on the final plat;
7. Driveway widths and paved sections shall conform to the standards in Chapter 3.1 SDC;
8. The review body may require landscape or fence screening along property lines to promote compatibility with abutting uses;
9. Design and locations of buildings on flag lots shall be such that normal traffic will have sufficient area to turn around, rather than necessitating backing motions down the flag pole or onto a public street. The review body may require special setback requirements at the time of approving the flag lot partition for this purpose.
D. Minisubdivisions. The standards listed in this subsection are intended for use in subdividing residential infill parcels.
1. The review body may approve variations to the street standards contained in the city of Silverton public works design standards when the following criteria are met:
a. The property to be subdivided is less than two acres in size and no more than eight lots will be created or served by the subject street;
b. The proposed subdivision meets the standards for lot size and configuration for the land use district;
c. Surrounding parcels are developed or are so physically incapable of being subdivided that combining the proposed subdivision with adjoining properties in a conventional subdivision is not feasible; and
d. The property is not needed for a continuation of the adjacent public street pattern, except that pedestrian connections may be required for the continuation of the pedestrian circulation system.
2. Upon meeting the criteria in subsection (D)(1) of this section, the review body may modify the applicable street standards as follows:
|
Dedication and Maintenance |
Paved Width Street/Cul-de-sac (b) |
On-Street |
Right-of-Way (c) |
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|---|---|---|---|---|---|
|
Curbs |
Parking |
Sidewalk |
Street/Cul-de-sac |
||
|
Public (a) |
28 ft./30 ft. |
Yes |
One side |
5 ft. one side |
35 ft./35 ft. radius (c) |
|
(a) A 10-foot public utility easement will be required on each side of the right-of-way. |
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(b) Maximum street length is 400 feet. |
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(c) A combination hammerhead/cul-de-sac may be required to promote neighborhood livability as well as satisfy fire district turnaround requirements. |
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(Ord. 08-06 § 3, 2008)
4.3.120 Preliminary plat approval process.
A. Review of Final Plat. Review of a final plat for a subdivision or partition shall be processed as a Type I procedure under SDC 4.1.200, using the review criteria in SDC 4.3.160; the applicant shall bear the burden of proof.
B. Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of three years from the date of approval. The preliminary plat shall lapse if a final plat has not been submitted within this period. The planning commission may approve phased projects, including planned developments, provided the time period between phases does not exceed three years.
C. Modifications and Extensions. The applicant may request changes to the approved preliminary plat or conditions of approval following the procedures and criteria provided in Chapter 4.6 SDC, Modifications to Approved Plans and Conditions of Approval. The community development director shall, upon written request by the applicant and payment of the required fee, grant one written extension of the approval period not to exceed one year; provided, that:
1. Any changes to the preliminary plat follow the procedures in Chapter 4.6 SDC;
2. The applicant has submitted written intent to file a final plat within the one-year extension period;
3. An extension of time will not prevent the lawful development of abutting properties;
4. 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
5. The extension request is made before expiration of the original approved plan.
D. Phased Development.
1. The city may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period (i.e., for required public improvements, utilities, streets) for any partition or subdivision phase be more than three years without reapplying for preliminary plat approval on those remaining unrecorded phases;
2. The criteria for approving a phased land division proposal are:
a. Public facilities shall be constructed in conjunction with or prior to each phase;
b. The development and occupancy of any phase dependent on the use of temporary public facilities shall require city council approval. Temporary facilities shall be approved only upon city receipt of bonding or other assurances to cover the cost of required permanent public improvements, in accordance with SDC 4.3.180. A “temporary public facility” is any facility not constructed to the applicable city or district standard;
c. The phased development shall not result in requiring the city or a third party (e.g., owners of lots) to construct public facilities that were required as part of the approved development proposal; and
d. The proposed time schedule for phased development approval shall be reviewed concurrently with the preliminary plat application, and the decision may be appealed in the same manner as the preliminary plat;
3. All public improvements serving a particular phase must be complete and approved by the city engineer prior to on-site building permits being issued. Temporary facilities will not be allowed. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
4.3.130 Preliminary plat submission requirements.
A. General Submission Requirements. For all partitions (three or fewer parcels) the application shall contain all of the information required for a Type II procedure under SDC 4.1.300. For subdivisions, the Type III procedures under SDC 4.1.400 shall be followed. Preliminary plats shall also provide the information in subsections (A)(1) and (2) of this section:
1. Traffic Estimate. The application shall describe the proposed access to and from the site and estimate potential vehicle traffic increases resulting from the project. The community development director may require a traffic impact study, in accordance with SDC 4.1.900; and
2. In situations where this code requires the dedication of property to the city, the city shall either (a) include in the written decision evidence that shows that the required property dedication is directly related to and roughly proportional to the projected impacts of the development on public facilities and services, or (b) delete the dedication as a condition of approval.
B. Preliminary Plat Information. In addition to the general information and number of required copies 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 the following information:
1. General Information.
a. Name of subdivision (not required for partitions). This name must not duplicate the name of another subdivision in the county (please check with county surveyor);
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. A title block including the names, addresses and telephone numbers of the owners of the subject property and, as applicable, the designer, engineer and surveyor if any, and the date of the survey if submitted; and
e. Identification of the drawing as a “preliminary plat.”
2. Site Analysis.
a. Streets: location, name, 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. Utilities: location and identity of all utilities on and abutting the site. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standards;
d. Ground elevations shown by contour lines at five-foot vertical intervals for ground slopes exceeding 10 percent and at two-foot intervals, or less, for ground slopes of less than 10 percent or as required by the city engineer. Such ground elevations shall be related to some established benchmark or other datum approved by the county surveyor. Where the site is within a hillside protection overlay, contours shall be shown at intervals and using grade measurement methods as specified by the city engineer;
e. The location and elevation of the closest benchmark(s) within or adjacent to the site (i.e., for surveying purposes);
f. Potential natural hazard areas, including any floodplains, areas subject to high water table, landslide areas, and areas having a high erosion potential;
g. Wetland areas, streams, wildlife habitat, and other areas identified by the city or natural resource regulatory agencies as requiring protection. (See also relevant portions of the comprehensive plan);
h. Site features, including existing structures, pavement, large rock outcroppings, areas having unique views, and drainage ways, canals and ditches;
i. Designated historic and cultural resources on the site and adjacent parcels or lots;
j. The location, size and species of trees having a caliper (diameter) of six inches or greater at four feet above grade in conformance with Chapter 3.2 SDC;
k. North arrow and scale;
l. Name and address of project designer, if applicable; and
m. Other information, as deemed appropriate by the community development director. The city may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.
3. Proposed Improvements.
a. Public streets, tracts, driveways, open space and parkland; location, names, right-of-way dimensions, and approximate radius of street curves; and approximate finished street center line grades. All areas and 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): approximate dimensions, area calculation (i.e., in square feet), and identification numbers for all proposed lots and tracts;
d. Proposed uses of the property, including all areas proposed to be dedicated to the public or reserved as open space for the purpose of surface water management, recreation, or other use; potential location of future buildings;
e. Proposed improvements, as required by Article 3, Community Design Standards, and timing of improvements (e.g., in the case of streets, sidewalks, street trees, utilities, etc.);
f. The proposed source of domestic water;
g. The proposed method of sewage disposal;
h. Proposed method of surface water drainage and treatment if required;
i. The approximate location and identity of other utilities, including the locations of street lighting fixtures;
j. Changes to navigable streams, or other watercourses. Status of public access to these areas shall be shown on the preliminary plat, as applicable;
k. Identification of the base flood elevation in accordance with Chapter 2.5 SDC;
l. Evidence of contact with the road authority for any development requiring access to its facility(ies); and
m. Evidence of written notice to the applicable natural resource regulatory agency(ies) for any development within or adjacent to jurisdictional wetlands, and other areas requiring protection or conservation. (Ord. 08-06 § 3, 2008)
4.3.140 Review criteria – Preliminary plat.
A. General Review Criteria. The city shall consider the following review criteria and may approve, approve with conditions, or deny a preliminary plat based on the following; the applicant shall bear the burden of proof.
1. The proposed preliminary plat complies with the applicable development code sections and all other applicable ordinances and regulations. At a minimum, the provisions of this article, and the applicable chapters and sections of Article 2, Land Use (Zoning) Districts, and Article 3, Community Design Standards shall apply. Where a variance is necessary to receive preliminary plat approval, the application shall also comply with the relevant sections of Article 5;
2. The proposed streets, roads, sidewalks, bicycle lanes, pathways, utilities, and surface water management facilities are laid out so as to conform or transition to the plats of subdivisions already approved for adjoining property or to provide for logical extension to future properties as to width, general direction and in all other respects. All proposed public improvements and dedications are identified on the preliminary plat;
3. If any part of the site is located within an overlay zone, or previously approved planned development, it shall conform to the applicable regulations and/or conditions;
4. Evidence that any required state and federal permits have been obtained, or shall be obtained before approval of the final plat;
5. Evidence that improvements or conditions required by the city, road authority, county, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met; and
6. If applicable, all proposed private common areas and improvements (e.g., homeowner association property) are identified on the preliminary plat, and appropriate covenants, conditions and restrictions (CC&Rs) are provided.
B. Layout and Design of Streets, Blocks and Lots. All proposed blocks (i.e., one or more lots bound by public streets), lots and parcels conform to the specific requirements below:
1. All lots shall comply with the lot area, setback, and dimensional requirements of the applicable land use district (Article 2), and the standards of SDC 3.4.100(G), Subdivision Street Connectivity.
2. Setbacks shall be as required by the applicable land use district (Article 2).
3. Each lot shall conform to the standards of Chapter 3.1 SDC, Access and Circulation.
4. Landscaping or other screening may be required to maintain privacy for abutting uses. See Article 2, Land Use (Zoning) Districts, and Chapter 3.2 SDC, Landscaping, Street Trees, Fences and Walls.
5. In conformance with the International Fire Code, a 12-foot-wide paved fire apparatus access drive within a 20-foot fire apparatus lane shall be provided to serve all portions of a building that are located more than 150 feet from a public right-of-way or other approved access drive. See also Chapter 3.1 SDC, Access and Circulation.
6. Where a common drive is to be provided to serve more than one lot, a reciprocal easement that will ensure access and maintenance rights shall be recorded with the approved subdivision or partition plat.
7. All applicable engineering design standards for streets, utilities, surface water management, and easements shall be met.
C. Open Space and Park Dedication. Requirements for open space and/or park dedication, as provided in SDC 3.4.200, Public use areas, and SDC 4.3.110(J), Floodplain, Park, and Open Space Dedication, are met.
D. 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, and may require reserve strips be granted to the city for the purpose of controlling access to adjoining undeveloped properties. See Chapter 3.4 SDC, Public Facilities. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
4.3.150 Variances authorized.
Variances to the standards of this chapter shall be processed in accordance with Chapter 5.1 SDC, Adjustments and Variances. Applications for variances shall be submitted at the same time an application for land division or lot line adjustment is submitted, and the applications shall be reviewed together. (Ord. 08-06 § 3, 2008)
4.3.160 Final plat submission requirements and review criteria.
A. Submission Requirements. Final plats shall require review and approval by the city prior to recording with the county. The applicant shall submit the final plat within three years of the approval of the preliminary plat as provided by SDC 4.3.120. Specific information about the format and size of the plat, number of copies and other detailed information can be obtained from the community development director. Extensions may be granted pursuant to SDC 4.3.120(C).
B. Approval Process and Review Criteria. By means of a Type I procedure, the community development director and city engineer, or the planning commission, shall review the final plat and shall approve or deny it based on findings regarding compliance with the following criteria:
1. The final plat is consistent in design (e.g., number, area, dimensions of lots, easements, tracts, right-of-way) with the approved preliminary plat, and all conditions of approval have been satisfied;
2. All permit fees and deposits have been paid;
3. All public improvements required by the preliminary plat have been installed and approved by the city engineer or appropriate service provider (e.g., road authority). Alternatively, the developer has provided a performance guarantee in accordance with SDC 4.3.180;
4. The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities;
5. The areas and tracts held for private uses have been approved by the city as conforming to the preliminary plat;
6. The plat and deed contain a dedication to the public of all public use areas, public improvements, and associated easements, including but not limited to streets, public pathways and trails, access reserve strips, parks, open space, sewage disposal, storm drainage and water supply systems;
7. The applicant has provided copies of all recorded homeowners’ association covenants, conditions 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;
8. The plat complies with the applicable sections of this code (i.e., there have been no changes in land use or development resulting in a code violation since preliminary plat approval);
9. Certification by the city or service district, as applicable, that water and sanitary sewer service is available to every lot depicted on the plat; or bond, contract or other assurance has been provided by the subdivider/partitioner to the city that such services will be installed in accordance with Chapter 3.4 SDC, Public Facilities, and the bond requirements of SDC 4.3.180. The amount of the bond, contract or other assurance by the subdivider/partitioner shall be determined by a registered professional engineer, subject to review and approval by the city;
10. 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, indicating the initial point of the survey, and giving the dimensions and kind of such monument and its reference to some corner approved by the county surveyor for purposes of identifying its location. (Ord. 08-06 § 3, 2008)
4.3.170 Public improvements required.
Before city approval is certified on the final plat, all required public improvements shall be installed, inspected, and approved. Alternatively, the subdivider/partitioner shall provide a performance guarantee, in accordance with SDC 4.3.180. Temporary public facilities will not be allowed. (Ord. 08-06 § 3, 2008)
4.3.180 Performance guarantee.
A. Performance Bonds for Public Improvements. On all projects where public improvements are required, the city shall require the developer or subdivider to provide bonding or other performance guarantees acceptable to the public works director to ensure completion of required public improvements. The bond or other assurance (e.g., letter of irrevocable credit) shall be equal to 110 percent of the total construction cost estimate for all public infrastructure to be provided, as approved by the public works director, or designee. In addition, the construction cost estimate must either be an engineer’s estimate, in writing, or a copy of the contractor’s price agreement having sufficient detail for the public works director, or designee, to verify reasonable unit pricing.
B. Release of Performance Bonds. The bond or other assurance shall be released when the public works director, or designee, finds the public improvements are complete and conform to the site development approval, including all conditions of approval. Upon acceptance of the completed public improvements, a one-year warranty bond, deposit or other assurances approved by the public works director, or designee, shall be required and shall cover a minimum of 20 percent of the public improvements construction cost for the project.
C. Completion of Landscape Installation. Landscaping shall be installed prior to issuance of occupancy permits, unless security equal to the cost of the landscaping as determined by a qualified landscape architect is filed with the community development director assuring such installation within six months after occupancy. If the installation of the landscaping is not completed within the six-month period, the security may be used by the city to complete the installation.
D. When Subdivider Fails to Perform. In the event the developer fails to carry out all provisions of the agreement and the city has unreimbursed costs or expenses resulting from such failure, the city shall call on the bond, cash deposit or letter of credit for reimbursement.
E. Termination of Performance Guarantee. The developer shall not cause termination of nor allow expiration of the guarantee without having first secured written authorization from the city. (Ord. 08-06 § 3, 2008)
4.3.190 Filing and recording.
A. Filing Plat with County. Within 60 days of the city approval of the final plat, the applicant shall submit the final plat to the 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 mylar copy and five paper copies of all sheets of the recorded final plat. This shall occur prior to the issuance of building permits for the newly created lots.
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 it is approved by the county surveyor in the manner provided by ORS Chapter 92. (Ord. 08-06 § 3, 2008)
4.3.200 Re-platting and vacation of plats and easements.
A. Re-platting and Vacations. Any plat or portion thereof or easement may be re-platted or vacated upon receiving an application signed by all of the owners as appearing on the deed.
B. Procedure. All applications for a re-plat or vacation shall be processed in accordance with the procedures and standards for a subdivision or partition (i.e., the same process used to create the plat shall be used to re-plat or vacate the plat). The same appeal rights provided through the subdivision and partition process shall be afforded to the plat vacation process. (See Chapter 4.1 SDC, Types of Review Procedures.) The road authority(ies) shall be notified of all applications for re-plats and street vacations. All street vacations shall also conform to ORS Chapter 271.
C. Basis for Denial. A re-plat 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 criteria.
D. Recording of Vacations. All approved plat vacations shall be recorded in accordance with SDC 4.3.190 and the following procedures:
1. Once recorded, a re-plat or vacation shall operate to eliminate the force and effect of the plat prior to vacation; and
2. Vacations shall also divest all public rights in the streets, alleys and public grounds, and all dedications described on the plat.
E. After Sale of Lots. When lots have been sold, the plat may be vacated only in the manner herein; and provided, that all of the owners of lots within the platted area consent in writing to the plat vacation.
F. Street Requirement. Except as prohibited by law (e.g., ORS 92.837, Manufactured Home Park), in approving a right-of-way vacation or re-plat, the city may require dedication of access ways, paths or trails as a condition of the vacation of any public easement or right-of-way, in order to establish or maintain a safe, convenient and direct pedestrian and bicycle circulation system. Such requirements shall be coordinated with the applicable road authority. (Ord. 08-06 § 3, 2008)
4.3.210 Property line adjustments.
A “property line adjustment” is the modification of lot boundaries, when no lot is created or removed. The application submission and approval process is as follows:
A. Submission Requirements. All applications for property line adjustment shall be made on forms provided by the city and shall include information required for a Type II application, as governed by SDC 4.1.300. The application shall include a preliminary lot line map drawn to scale identifying all existing and proposed lot lines and dimensions; footprints and dimensions of existing structures (including accessory structures); location and dimensions of driveways and public and private streets within or abutting the subject lots; wetlands; floodplain; existing fences and walls; and any other information deemed necessary by the community development director or designee for ensuring compliance with city codes.
B. Approval Process.
1. Decision-Making Process. Property line adjustments shall be reviewed by means of a Type II procedure, as governed by SDC 4.1.300, using review criteria contained in subsection (C) of this section. The road authority(ies) shall be notified of lot line adjustments that may affect property access or traffic volumes or operations on their facilities.
2. Time Limit on Approval. The property line adjustment approval shall be effective for a period of one year from the date of approval, during which time it must be recorded.
3. Lapsing of Approval. The property line adjustment approval shall lapse if:
a. The property line adjustment is not recorded within the time limit in subsection (B)(2) of this section;
b. The property line adjustment has been improperly recorded with the county without the satisfactory completion of all conditions attached to the approval; or
c. The final recording is a departure from the approved plan.
C. Review Criteria. The community development director or designee shall consider the following review criteria and may approve, approve with conditions or deny a request for a property line adjustment in writing based on all of the following:
1. Parcel Creation. No additional parcel or lot is created or removed by the lot line adjustment;
2. Lot Standards. All lots and parcels conform to the applicable lot standards of the land use district (Article 2) including lot area, dimensions, setbacks, and coverage, and no resulting lot is wholly comprised of a flood hazard area or jurisdictional wetland;
3. Access and Road Authority Standards. All lots and parcels conform to the standards or requirements of Chapter 3.1 SDC, Access and Circulation, and all applicable road authority requirements are met. If a lot is nonconforming to any city or road authority standard, it shall not be made even less conforming by the property line adjustment.
D. Recording Property Line Adjustments.
1. Recording. Upon the city’s approval of the proposed property line adjustment, the applicant shall record the property line adjustment with the county within one year of approval (or the decision expires), and submit a copy of the recorded survey map to the city, to be filed with the approved application.
2. Time Limit. The applicant shall submit a copy of the recorded property line adjustment survey map to the city within 15 days of recording and prior to the issuance of any building permits on the reconfigured lots.
E. Extension. The community development director shall, upon written request by the applicant and payment of the required fee, grant a written extension of the approval period not to exceed one year; provided, that:
1. No changes are made to the original property line adjustment as approved by the city;
2. The applicant can show intent of recording the approved plan within the one-year extension period;
3. There have been no changes in the applicable code or plan provisions on which the approval was based. In the case where the property line adjustment conflicts with a code change, the extension shall be denied; and
4. The extension request is made before expiration of the original approved plan. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)
4.3.220 Lot consolidations.
A lot consolidation is the removal of a lot line(s) within a site to create one lot. The application submission and approval process is as follows:
A. Submission Requirements. All applications for lot consolidations shall be made on forms provided by the city and shall include information required for a Type I application, as governed by SDC 4.1.200. The application shall include a preliminary map drawn to scale identifying all existing and proposed lot lines and dimensions; footprints and dimensions of existing structures (including accessory structures); location and dimensions of driveways and public and private streets within or abutting the subject lots; wetlands; flood plain; existing fences and walls; easements, required fee, and any other information deemed necessary by the community development director or designee for ensuring compliance with city codes.
B. Approval Process.
1. Decision-Making Process. Property line adjustments shall be reviewed by means of a Type I procedure, as governed by SDC 4.1.200, using review criteria contained in subsection (C) of this section.
2. Time Limit on Approval. The property line adjustment approval shall be effective for a period of one year from the date of approval, during which time it must be recorded.
C. Review Criteria. The community development director or designee shall consider the following review criteria and may approve, approve with conditions or deny a request for a lot consolidation in writing based on all of the following, and the applicant shall bear the burden of proof:
1. One Lot Created. The application results in lot lines being removed within a site to create one lot.
2. Allowed Land Uses. The application is consistent with the allowed land uses of the zoning district.
3. Zoning. The lots involved in the application are designated the same zoning district. A zone change application may be filed concurrently with a lot consolidation application if the lots involved do not have the same zoning designation. Approval of the lot consolidation will be dependent on approval of the zone change and all applicable review criteria.
D. Recording Lot Consolidations.
1. Recording. Upon the city’s approval of the proposed lot consolidation, the applicant shall record the lot consolidation with the county within one year of approval (or the decision expires), and submit a copy of the recorded survey map to the city, to be filed with the approved application.
2. For the consolidation of lots or parcels of a recorded plat, the lot consolidation shall be finalized by a replat of the subdivision or partition.
3. The county assessor may consolidate parcels or tracts of land that are not within a recorded plat.
E. Extension. The community development director shall, upon written request by the applicant and payment of the required fee, grant a written extension of the approval period not to exceed one year; provided, that:
1. No changes are made to the original lot consolidation as approved by the city;
2. The applicant can show intent of recording the approved plan within the one-year extension period;
3. There have been no changes in the applicable code or plan provisions on which the approval was based. In the case where the lot consolidation conflicts with a code change, the extension shall be denied; and
4. The extension request is made before expiration of the original approved plan. (Ord. 14-01 § 1 (Exh. A), 2014)