Chapter 17.136 LAND DIVISION

(6) To provide adequate light and air, prevent overcrowding of land, and facilitate adequate provision for transportation, water supply, sewage, and drainage; and

(7) To encourage the conservation of energy resources. (Ord. 2875 § 1.170.010, 2003)

17.136.020 General provisions.

(1) An application for a subdivision shall be processed through a two-step process*: the preliminary plat and the final plat:

(a) The preliminary plat shall be approved by the planning commission before the final plat can be submitted for approval consideration; and

(b) The final plat shall reflect all conditions of approval of the preliminary plat.

(2) All subdivision proposals shall be in conformity with all state regulations set forth in ORS Chapter 92, Subdivisions and Partitions.*

(3) When subdividing tracts into large lots, the planning commission shall require that the lots be of such size and shape as to facilitate future redivision in accordance with the requirements of the zoning district or comprehensive plan and this code and that a redevelopment plat be approved and used to approve building permits.

(4) Temporary sales offices in conjunction with any subdivision may be granted as set forth in Chapter 17.116 SHMC.

(5) All subdivision proposals shall be consistent with the need to minimize flood damage.

(6) All subdivision proposals shall have underground public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.

(7) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

(8) Where base flood elevation has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or five acres (whichever is less). (Ord. 2875 § 1.170.020, 2003)

* Except for expedited land division applications.

17.136.030 Administration and approval process.*

(1) The applicant of a preliminary plat proposal shall be the recorded owner of the property or an agent authorized in writing by the owner.

(2) A preapplication conference with city staff is required. However, failure of the director to provide any of the information required by this section shall not constitute a waiver of the standards, criteria, or requirements of the applications.

(3) Another preapplication conference is required if any preliminary plat application is submitted more than six months after the initial preapplication conference.

(4) Upon receipt of an application, the director shall review it for compliance with the requirements set forth in SHMC 17.136.060, Approval standards – Preliminary plat, and:

(a) If a land division application is incomplete, the director shall notify the applicant in writing of the exact information which is missing within 30 days of receipt of the application;

(b) The applicant shall be allowed to submit the missing information, and upon submission of the missing information, the application shall be deemed complete; and

(c) The applicant may refuse to submit the missing information in which case the application shall be deemed complete on the thirty-first day after the initial submittal of the application.

(5) Final action, including the resolution of all appeals and review on the land division application, shall be taken within 120 days after the application is deemed complete, and the director shall:

(a) Schedule a public hearing to be held by the planning commission within 45 days from the time the complete application is filed and shall provide a notice of the hearing in accordance with the provisions of SHMC 17.24.130;

(b) Furnish one copy of the proposed preliminary plat to the city engineering division;

(i) The Columbia County land development services; and

(ii) The Oregon Department of Transportation (ODOT), if the proposed subdivision is adjacent to a state highway and access to the state highway is desired by the applicant (these agencies will be given at least five days to review the plan, suggest revisions, and return the plans to the city);

(d) Incorporate all staff recommendations into a report to the planning commission.

(6) The director shall mail notice of the preliminary plat proposal to persons who are entitled to notice in accordance with SHMC 17.24.130.

(7) The planning commission shall approve, approve with conditions, or deny any application for preliminary plat per SHMC 17.136.060. The planning commission shall also apply the standards set forth in SHMC 17.136.070 when reviewing an application for a subdivision.

(8) The decision of the planning commission may be appealed in accordance with SHMC 17.24.310(2). (Ord. 2875 § 1.170.030, 2003)

* Except for expedited land division applications.

17.136.040 Expiration of approval – Standards for extension of time.

(1) The preliminary plat approval by the planning commission or final approving authority shall lapse if:

(a) A final plat (first phase in an approved phased development) has not been submitted within a one-year period; or

(b) The final plat does not conform to the preliminary plat as approved or approved with conditions.

(2) The director shall, upon written request by the applicant and payment of the required fee, grant two extensions of the approval period not to exceed 12 months each; provided, that:

(a) No changes are made on the original preliminary plat plan as approved by the planning commission;

(b) The applicant has expressed written intent of submitting a final plat within the extension period;

(c) There have been no changes to the applicable comprehensive plan policies and ordinance provisions on which the approval was based;

(d) An extension of time will not preclude the development of abutting properties; and

(e) A performance bond is provided in accordance with the city’s standards. (Ord. 3105 § 2, 2009; Ord. 2875 § 1.170.040, 2003)

17.136.050 Phased development.

(1) The planning commission may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years (unless an extension is granted) without reapplying for a preliminary plat, nor the cumulative time exceed six years (regardless of extensions) without applying for a new preliminary plat.

(2) The criteria for approving a phased site development review proposal are:

(a) The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy;

(b) The development and occupancy of any phase shall not be dependent on the use of temporary public facilities:

(i) For purposes of this subsection, a temporary public facility is an interim facility not constructed to the applicable city or district standard;

(c) The phased development shall not result in requiring the city or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat; and

(d) Public facilities approved as conditions of approval must be bonded.

(3) The application for phased development approval shall be heard concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. (Ord. 2875 § 1.170.050, 2003)

17.136.060 Approval standards – Preliminary plat.

(1) The planning commission may approve, approve with conditions or deny a preliminary plat based on the following approval criteria:

(a) The proposed preliminary plat complies with the city’s comprehensive plan, the applicable sections of this code and other applicable ordinances and regulations;

(b) The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92[.090(1)];

(c) The streets and roads are laid out so as to conform to the plats of subdivisions and maps of partitions already approved for adjoining property as to width, general direction and in all other respects unless the city determines it is in the public interest to modify the street or road pattern; and

(d) An explanation has been provided for all common improvements.

(2) Lot Dimensions.

(a) Lot size, width, shape and orientation shall be appropriate for the location of the development and for the type of use contemplated, and:

(i) No lot shall be dimensioned to contain part of an existing or proposed public right-of-way;

(ii) The depth of all lots shall not exceed two and one-half times the average width, unless the parcel is less than one and one-half times the minimum lot size of the applicable zoning district; and

(iii) Depth and width of properties zoned for commercial and industrial purposes shall be adequate to provide for the off-street parking and service facilities required by the type of use proposed.

(3) Through Lots.

(a) Through lots shall be avoided except where they are essential to provide separation of residential development from major traffic arterials or to overcome specific disadvantages of topography and orientation, and:

(i) A planting buffer at least 10 feet wide is required abutting the arterial rights-of-way; and

(ii) All through lots shall provide the required front yard setback on each street.

(4) Large Lots.

(a) In dividing tracts into large lots or parcels which at some future time are likely to be redivided, the approving authority may require that the lots be of such size and shape, and be so divided into building sites, and contain such site restrictions as will provide for the extension and opening of streets at intervals which will permit a subsequent division of any tract into lots or parcels of smaller size, and:

(i) The land division shall be denied if the proposed large development lot does not provide for the future division of the lots and future extension of public facilities.

(5) Control of access to adjoining properties, including but not limited to continuation of streets, shall be granted to the city via reserve strips or language in lieu of reserve strips as a note on the plat. Generally, language in lieu of reserve strips is preferred.

(6) The planning commission may require additional conditions as are necessary to carry out the comprehensive plan and other applicable ordinances and regulations. (Ord. 3264 § 2 (Att. A), 2021; Ord. 2875 § 1.170.060, 2003)

17.136.070 Application submission requirements – Preliminary plat.

(1) All applications shall be made on forms provided by the director and shall be accompanied by:

(a) Eight copies of the preliminary plat map and required data or narrative; and

(b) The required fee.

(2) The preliminary plat map and data or narrative shall include the following:

(a) Sheet size for the preliminary plat shall preferably not exceed 18 inches by 24 inches and shall include at least one eight-and-one-half-inch by 11-inch copy;

(b) The scale shall be an engineering scale, and limited to one phase per sheet;

(c) The proposed name of the subdivision shall comply with ORS Chapter 92[.090(1)] and shall not duplicate or resemble the name of any other subdivision in the county, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that name or unless the applicant files and records the consent of the party that platted the subdivision bearing that name;

(d) Vicinity map showing the general location of the subject property in relationship to arterial and collector streets;

(e) Names, addresses and telephone numbers of the owner, developer, engineer, surveyor, and designer, as applicable;

(f) The date of application;

(g) The assessor’s map and tax lot number and a legal description sufficient to define the location and boundaries of the proposed subdivision;

(h) The boundary lines of the tract to be subdivided;

(i) The names of adjacent subdivisions or the names of recorded owners of adjoining parcels of unsubdivided land;

(j) Contour lines related to a city-established benchmark at two-foot intervals for grades zero to 10 percent and five-foot intervals for grades over 10 percent;

(k) The purpose, location, type and size of all the following (within and adjacent to the proposed subdivision) existing and proposed:

(i) Public and private rights-of-way and easements;

(ii) Public and private sanitary and storm sewer lines, domestic water mains including fire hydrants, gas mains, major power (50,000 volts or better), telephone transmission lines, and watercourses; and

(iii) Deed reservations for parks, open spaces, pathways, and any other land encumbrances;

(l) For subdivisions of 10 lots or more: approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated and plans of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants;

(m) For subdivisions of 10 lots or more: approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision;

(n) For subdivisions of 10 lots or more: scaled cross-sections of proposed street rights-of-way;

(o) For subdivisions of 10 lots or more: the location of all areas subject to inundation or storm water overflow, and the location, width, and direction of flow of all watercourses and drainageways;

(p) The proposed lot configurations, approximate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots. Each lot shall abut upon a street;

(q) The location of all trees as defined by Chapter 17.132 SHMC, and the location of proposed tree plantings, if any;

(r) The existing use of the property, including location of all structures and present use of the structures, and a statement of which structures are to remain after platting;

(s) Supplemental information including proposed deed restrictions, if any, proof of property ownership, and a proposed plan for provision of subdivision improvements;

(t) Existing natural features including rock outcroppings, wetlands, and marsh areas; and

(u) A traffic impact analysis (TIA), as applicable, pursuant to Chapter 17.156 SHMC.

(3) If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application. (Ord. 3150 § 3 (Att. B), 2011; Ord. 3144 § 2 (Att. A), 2011; Ord. 2875 § 1.170.070, 2003)

17.136.080 Additional information required and waiver of requirements.

(1) The director may require information in addition to that required by this chapter in accordance with SHMC 17.24.080(1).

(2) The director may waive a specific requirement for information in accordance with SHMC 17.24.080(2) and (3). (Ord. 2875 § 1.170.080, 2003)

17.136.090 Variances authorized.

Variances to the subdivision regulations prescribed by this code may be authorized by the planning commission, and application shall be made with a preliminary plat application in accordance with SHMC 17.136.070. (Ord. 2875 § 1.170.090, 2003)

17.136.100 Referrals.

The director shall transmit copies of the application for variance to staff for review. (Ord. 2875 § 1.170.100, 2003)

17.136.110 Appeal.

The planning commission’s action on an application for a variance may be appealed in accordance with SHMC 17.24.310(2). (Ord. 2875 § 1.170.110, 2003)

17.136.120 Criteria for granting a variance.

(1) The planning commission shall consider the application for variance at the same meeting at which it considers the preliminary plat.

(2) A variance may be approved, approved with conditions, or denied provided the planning commission finds:

(a) There are special circumstances or conditions affecting the property which are unusual and peculiar to the land as compared to other lands similarly situated;

(b) The variance is necessary for the proper design or function of the subdivision;

(c) The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to the rights of other owners of property; and

(d) The variance is necessary for the preservation and enjoyment of a substantial property right because of an extraordinary hardship which would result from strict compliance with the regulations of this code. (Ord. 2875 § 1.170.120, 2003)

17.136.130 Variance application.

(1) Application for a variance shall be made on forms provided by the director.

(2) The applicant shall state fully the reasons for the application, the supporting facts, and any other data pertinent to the findings prerequisite to the granting of a variance prescribed in SHMC 17.136.120. (Ord. 2875 § 1.170.130, 2003)

17.136.140 Application submission requirements – Final plat.

Unless otherwise provided in SHMC 17.136.020, the applicant shall submit:

(1) A final plat and five copies to the director within one year which complies with the approved preliminary plat; and

(2) The required fee. (Ord. 2875 § 1.170.140, 2003)

17.136.150 City review of final plat – Approval criteria.

The director, legal counsel and the city engineer shall review the final plat and shall approve or deny the final plat approval based on findings that:

(1) The final plat substantially complies with the plat approved by the commission and all conditions of approval have been satisfied (minor changes to lot configurations, topography issues, reduction in number of lots are not substantial changes);

(2) The streets and roads for public use are dedicated without reservation or restriction other than revisionary rights upon vacation of any such street or road and easements for public utilities;

(3) The streets and roads held for private use and indicated on the tentative plan of such subdivision have been approved by the city;

(4) The plat contains a donation to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal, and water supply systems;

(5) An explanation is included which explains all of the common improvements required as conditions of approval and are in recordable form and have been recorded and referenced on the plat. This is to include CC&Rs for HOAs set up to own and maintain on common properties or facilities in the subdivision (with provisions for city to veto dissolution of HOA or to have right to assess owners for taxes and maintenance or lien properties);

(6) The plat complies with the applicable zoning ordinance and other applicable ordinances and regulations;

(7) A certification by the city’s engineering division that municipal water will be available to a lot line of each and every lot depicted on the proposed plat or bond, contract or other assurance has been provided by the subdivider to the city that a municipal water system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted on the proposed plat. The amount of the bond, contract or other assurance by the subdivider shall be determined by a registered professional engineer, subject to any change in amount as determined necessary by the city;

(8) A certificate has been provided by the city’s engineering division that a municipal sewage disposal system will be available to the lot line of each and every lot depicted in the proposed plat;

(9) Copies of signed deeds have been submitted granting the city a reserve strip as provided by SHMC 17.136.060;

(10) The lettering of the approvals, dedication and affidavit of the surveyor is of such a size and type, and the plat is at such a scale, as will be clearly legible, but no part shall come nearer any edge of the sheet than one inch;

(11) If there is more than one sheet, a face sheet and index has been provided;

(12) The plat contains a surveyor’s affidavit by the surveyor who surveyed the land represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92[.060] and indicating the initial point of the survey, and giving the dimensions and kind of such monument, and its reference to some corner established by the U.S. survey or giving two or more objects for identifying its location; and

(13) A development agreement has been signed by the owner/developer. (Ord. 2875 § 1.170.150, 2003)

17.136.160 Centerline monumentation – Monument box requirements.

(1) Centerline Monumentation.

(a) The centerlines of all street and roadway rights-of-way shall be monumented before city acceptance of street improvements; and

(b) The following centerline monuments shall be set:

(i) All centerline-centerline intersection points;

(ii) All cul-de-sac center points; and

(iii) Curve points, beginning and ending points (point of curvature [P.C.] and point of tangency [P.T.]).

(2) Monument Boxes Required.

(a) Monument boxes conforming to city standards will be required around all centerline intersection points and cul-de-sac center points; and

(b) The tops of all monument boxes will be set to finished pavement grade. (Ord. 2875 § 1.170.160, 2003)

17.136.170 Improvement agreement.

(1) Before city approval is certified on the final plat the subdivider shall:

(a) Execute and file an agreement with the city engineer specifying the period within which all required unfinished improvements and repairs shall be completed; and

(b) Include in the agreement provisions that if such work is not completed within the period specified, the city may complete the work and recover the full cost and expenses from the subdivider.

(2) The agreement shall stipulate improvement fees and deposits as may be required to be paid and may also provide for the construction of the improvements in stages and for the extension of time under specific conditions therein stated in the contract. (Ord. 2875 § 1.170.170, 2003)

17.136.180 Bond – Cash deposit.

(1) As required by SHMC 17.136.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following:

(a) An irrevocable letter of credit executed by an acceptable financial institution authorized to transact business in the state of Oregon;

(b) A surety bond executed by an acceptable surety company authorized to transact business in the state of Oregon which remains in force until the surety company is notified by the city in writing that it may be terminated; or

(2) The assurance of performance shall be for a sum determined by the city engineer as required to cover the cost of the improvements and repairs, including related engineering and incidental expenses.

(3) The subdivider shall furnish to the city engineer an itemized improvement estimate, certified by a registered civil engineer, to assist the city engineer in calculating the amount of the performance assurance.

(4) In the event the subdivider 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.

(5) The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the city. (Ord. 2875 § 1.170.180, 2003)

17.136.190 Filing and recording.

(1) Within 60 days of the city review and approval, the applicant shall submit the final plat to the county for signatures of county officials as required by ORS Chapter 92 and SHMC 17.136.150.

(2) Upon final recording with the county, the applicant shall submit to the city a mylar copy of the recorded final plat and proof of recording of any required CC&Rs for HOA. No building permit shall be issued until this is accomplished. (Ord. 2875 § 1.170.190, 2003)

17.136.200 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[.095].

(2) No plat shall be recorded until it is approved by the county surveyor in the manner provided by ORS Chapter 92. (Ord. 2875 § 1.170.200, 2003)

17.136.210 Vacation of plats.

(1) Any plat or portion thereof may be vacated by the owner of the platted area at any time prior to the sale of any lot within the platted subdivision.

(2) All applications for a plat or street vacation shall be made in accordance with SHMC 17.136.020, 17.136.030 and 17.136.160(1).

(3) The application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets, or alleys.

(4) All approved plat vacations shall be recorded in accordance with SHMC 17.136.190:

(a) Once recorded, the vacation shall operate to eliminate the force and effect of the plat prior to vacation; and

(b) The vacation shall also divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described on the plat.

(5) When lots have been sold, the plat may be vacated in the manner herein provided by all of the owners of lots within the platted area. (Ord. 2875 § 1.170.210, 2003)

17.136.220 Vacation of streets.

All street vacations shall comply with the procedures and standards set forth in ORS Chapter 271 and applicable local regulations. (Ord. 2875 § 1.170.220, 2003)