Chapter 16.15
SUBDIVISION
Sections:
16.15.020 Exclusion of property.
16.15.030 Tentative plan required.
16.15.040 Submittal requirements.
16.15.050 Criteria for subdivision tentative plan approval.
16.15.060 Applicant shall revise tentative plan to comply with conditions.
16.15.070 Phased development – Subdivision.
16.15.080 Tentative plan review – Purpose.
16.15.090 Development conditions.
16.15.100 Tentative plan review procedures.
16.15.110 Expiration of approved tentative plan.
16.15.120 Construction document review.
16.15.130 Final plat review – Purpose.
16.15.140 Final plat review procedures.
16.15.150 Definition of substantial conformance.
16.15.160 Nonconforming final plat review process.
16.15.170 Final plat map requirements.
16.15.180 Final plat – Signatures required.
16.15.190 Filing an approved final plat.
16.15.200 Expiration of approved final plat.
16.15.210 Replatting previously recorded plats.
16.15.010 Effect.
A subdivision acts to divide land into four or more lots. All previous property lines within the subdivision plat are vacated by the adoption of the subdivision final plat. [Ord. 11-373-O § 8-7:3.010].
16.15.020 Exclusion of property.
All property within the original authorized lot or lots being proposed for platting shall be included on the plat, except that an area may be excluded from a final subdivision plat provided all the following conditions are met:
A. Only one such area is created per subdivision.
B. The exclusion area is greater than the minimum lot size permitted by the zone.
C. An approved future development plan allows for the exclusion area to be further partitioned or subdivided if larger than twice the minimum lot size permitted in the zone, and provided with access and utilities as required by this title.
D. The exclusion area is not developed until it is further partitioned or subdivided according to the approved future development plan and in accordance with the provisions of this title. [Ord. 11-373-O § 8-7:3.020].
16.15.030 Tentative plan required.
No final subdivision plat may be considered for approval until the tentative plan is approved. [Ord. 11-373-O § 8-7:3.105].
16.15.040 Submittal requirements.
The applicant shall submit copies of a tentative plan, two in full size, one scaled for eight and one-half inch by 11 inches, and one in preferred digital format as well as any supporting materials to the city administrator. The following shall be included:
A. Signed Application Form. A completed application form as provided by the city administrator, signed by the property owner, the applicant or the applicant’s representative, if any. To initiate the application, the applicant or the applicant’s representative, if other than the property owner, must have a limited power of attorney on a form provided by the city and signed by the property owner to represent the owner in the requested subdivision review.
B. Application Fee. Application fee as determined by the city council’s latest adopted application fee schedule.
C. Tentative Plan Map.
1. A plan map no smaller than 11 inches by 17 inches.
2. Names, addresses, and telephone numbers of the recorded property owner(s), the subdivider, and the plan preparer.
3. Date and north arrow.
4. Engineering scale (one inch equals 30 feet, one inch equals 50 feet, etc.), approved by the city planner and public works director as sufficient to show the detail of the plan.
5. Location, street address and assessor’s map page and tax lot number for each of the lots included in the application.
6. Vicinity map at a large engineering scale (one inch equals 200 feet, one inch equals 400 feet, etc.) showing all existing adjacent subdivisions, undivided land adjacent to the proposed subdivision, recorded owners of the adjacent properties, and recorded owners of undivided land between the proposed subdivision and existing streets and rights-of-way.
7. Lot Dimensions. Existing and proposed lot lines, with dimensions and bearing.
8. Lot Size. Lot size in square feet and acres.
9. Lot Numbers. Lot numbers or letters for each lot.
10. Existing Streets and Sidewalks. Street names, and right-of-way location and width.
11. Distances to neighboring constructed access points, median openings (where applicable), traffic signals (where applicable), intersections, and other transportation features on both sides of the property.
12. Location and design of all proposed pedestrian and bicycle facilities, including accessways.
13. Trip generation data or appropriate traffic studies. The city or other agency with access jurisdiction may require a traffic study prepared by a licensed traffic engineer to determine access, circulation, and other transportation requirements.
14. Natural Features. Trees with diameter of 12 inches or greater, large rock out-croppings, significant wildlife habitat area, etc.
15. Waterways, Floodway and Floodplain. Location, name, direction of flow and width of any watercourses, drainages, streams, canals, and rivers, including areas subject to flooding and showing FEMA mapped floodplain and floodway, if any.
16. Wetlands. Location and general outline of significant wet areas on the site that may qualify under the state criteria for wetlands (soil type, plant type, and presence of water). A wetlands determination and a wetlands delineation may be necessary for submittal with the tentative plan map, if so determined by the city planner or public works director.
17. Slope. Existing topographic contour lines as follows:
|
- |
0 – 5% |
= 2 foot intervals |
|
- |
6 – 15% |
= 5 foot intervals |
|
- |
16%+ |
= 10 foot intervals |
|
- |
Location of temporary or permanent benchmark used to determine topography. |
|
18. Slope hazard areas, delineated as follows:
|
- |
Slopes 0 - 15% |
= No shading |
|
- |
Slopes 16 - 25% |
= Light shading |
|
- |
Slopes 26%+ |
= Heavy shading |
19. Districts. Existing zoning district names and boundaries, special purpose or overlay district names and boundaries, city limit line and urban growth boundary line. If the proposed subdivision adjoins areas outside the urban growth boundary, show county zoning for these areas.
20. Existing Uses. Identify existing uses of land, and show existing buildings and structures to remain, with distance in feet to all new lot lines.
21. Proposed Sites. Proposed sites for purposes other than single-family dwellings.
22. Phasing. Phasing lines, identified as Phase I, Phase II, etc. Phasing to indicate clearly which streets and utilities are to be included in each phase. A phasing schedule may be shown separately.
23. Future Development Plan. A future development plan, if applicable, shall be submitted for the property being subdivided in accordance with Article II of Chapter 16.25 RRMC.
24. Dedication. Location, boundary, and description of proposed uses of all areas to be dedicated to public uses.
25. Deed Restrictions. Previously recorded and proposed deed restrictions.
26. Signatures. Signature and stamp of registered land surveyor or registered civil engineer guaranteeing information is accurate and correct.
27. Title. Proposed subdivision name and title “Tentative Plan.”
28. Future Street Plan. A future street plan shall be filed by the applicant in conjunction with an application for a subdivision in order to facilitate orderly development of the street system. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include other parcels within 400 feet surrounding and adjacent to the proposed land division. The street plan is not binding; rather, it is intended to show potential future street extensions with future development.
D. Conceptual Circulation Plan.
1. Existing Streets and Sidewalks. Street names, right-of-way location and width, edge of paving and paving width, and vehicular access locations. Note public or private status and any recorded restrictions.
2. Proposed Streets and Sidewalks. Street names, right-of-way location and width, edge of paving and paving width, vehicular access locations, curb, gutter and sidewalk locations and dimensions, curve radii and percent grade, and adjacent easements. Note proposed public or private status, and any proposed restrictions.
3. Proposed Street Cross Section. Show curb, gutter, sidewalk, street paving and dimensions, with type and thickness of material to be used for each proposed street. Show approximate centerline profiles and indicate how profiles of proposed streets align with existing grades and existing streets. Show existing and proposed utility locations and depths in the street section.
4. Future Street Plan. Show tentative layout for streets and utilities to serve adjacent undivided land. Identify existing or proposed master plan that incorporates future streets (see subsection (E) of this section).
E. Conceptual Grading, Erosion Prevention and Sediment Control Plans.
1. Steep Slopes Cross Section. Show typical section through roadway and adjacent proposed lots for all slopes over 12 percent. Include sketch of typical installation, or photos of similar installations, as proposed to manage slope stabilization (i.e., retaining walls, rip-rap, planting, etc.).
2. Contouring and Proposed Grading Plan. Show existing contours and proposed grading plan either by superimposing proposed grading contours or by use of spot elevations for proposed grades with approximate cut and fill quantities. Show location of retaining walls if any are needed, and indicate height of retaining wall above proposed finished grade.
3. Soils Report. For slopes over 12 percent, or unstable soils in the opinion of the public works director or the city engineer, include geotechnical engineer’s soils report or letter stating the nature of the site’s soils and indicating soil capacities and appropriate mediation for roadway development and slope stabilization.
4. Erosion Prevention and Sediment Control Plan. If required by Chapter 17.95 RRMC.
5. Easements. Show location, dimensions, and purpose of all recorded and proposed public and private easements.
F. Conceptual Utility Plan.
1. Existing and Proposed Utilities. Location and size of:
a. Sanitary sewer mains and laterals, with a statement from the city indicating that service is available to the property.
b. Water mains, laterals, and fire hydrants, with a statement from the city indicating that service is available to the property.
c. Storm drain lines, culverts, catch basins, and drainways, including profiles of proposed drainage ways.
d. Existing septic tanks, septic tank leach fields or other such facilities, with indication that septic systems will be removed or abandoned as required by state statute.
e. Wells, with indication that active wells are to be either blocked or will continue to be used.
f. Grants Pass Irrigation District (GPID), Gold Hill Irrigation District (GHID) and private irrigation facilities.
g. Other utilities such as power, telephone, cable TV, and natural gas.
2. City Services Vicinity Map. If streets and/or utilities fronting the property are inadequate for service to the proposed subdivision in the opinion of the public works director or city planner, a separate map shall depict at a scale acceptable to the public works director or city planner, the location of the nearest paved streets, primary utilities (sidewalks, curb, gutter, water main, sanitary sewer main, storm drain, GPID facilities, power, telephone, cable TV, and natural gas).
3. Utility infrastructure may not be placed within one foot of a survey monument location noted on a subdivision or partition plat.
4. Signatures. Signature and stamp of registered land surveyor or registered civil engineer guaranteeing information is accurate and correct.
5. Combination Plan. The applicant may combine tentative plan and utility plan with approval of the public works director.
G. Master Plan. Should the area proposed for a subdivision be within or adjoin an area without a master plan for street and utility extensions, and meet the criteria for provision of a master plan as provided in Chapter 16.30 RRMC, a separate master plan shall be submitted. [Ord. 23-418-O § 90; Ord. 11-373-O § 8-7:3.110].
16.15.050 Criteria for subdivision tentative plan approval.
The review body shall approve, approve with conditions, or deny the tentative plan application, based upon all of the following criteria:
A. The plan conforms to the zone area, density and lot dimension requirements and other requirements of Chapter 16.20 RRMC, Development Standards, and Chapter 16.25 RRMC, Development Requirements.
B. The plan conforms to the requirements of the city’s floodway and floodplain requirements and restrictions and conforms to the requirements of any applicable overlay district.
C. The street, accessway, curb, gutter, pedestrian and bicycle facility layouts conform to the applicable requirements of any city street plans, transportation system plan, or master plans adopted by the city council.
D. The proposed utility plan conforms to the applicable requirements of any city utility plans or master plans adopted by the city council.
E. The proposed street and utility plans conform to the applicable requirements of street and utility codes and detail requirements adopted by the city council, and will not exceed the capacity of any existing street or utility as built or as enhanced with proposed developer improvements.
F. Streets shall be extended to the boundary lines of the parcel or tract to be developed when the planning commission determines that the extension is necessary to give street access to, or permit, future division of adjoining land. The point where the streets temporarily end shall conform to subsections (F)(1) through (3) of this section:
1. These extended streets or street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets when the adjoining property is developed.
2. A barricade (e.g., fence, bollards, boulders or similar vehicle barrier) shall be constructed at the end of the street by the subdivider and shall not be removed until authorized by the city or other applicable agency with jurisdiction over the street. The cost of the barricade shall be included in the street construction cost.
3. Temporary turnarounds (e.g., hammerhead or bulb-shaped configuration) shall be constructed for stub streets over 150 feet in length.
G. Cuts, fills and retaining walls shall not be excessive, which shall mean:
1. No cuts shall result in retaining walls or rip-rap walls greater than 10 feet in height from the finish grade;
2. No cuts shall result in slopes greater than 35 percent;
3. No fill shall result in a retaining wall greater than six feet in height from the finish grade; and
4. No fill shall result in a slope greater than 20 percent.
H. In the case where the proposed subdivision will allow properties to be further developed, the proposed future development plan will be submitted with the subdivision tentative plan. The future development plan shall be a complete subdivision tentative plan, with future property lines, street and utility extensions and building envelopes recorded as restrictive covenants to allow future subdivision and development to full zone densities. The future development plan and restrictive covenants shall be referenced on and recorded with the final plat.
I. The subdivision tentative plan complies with applicable portions of the city’s comprehensive land use plan, this title, other city ordinances, state statute and federal law.
J. Access shall be properly placed in relation to sight distance, driveway spacing, ordinance requirements and other related considerations, including opportunities for joint and cross access.
K. The proposed subdivision shall not impose an undue burden on the public transportation system. For developments that are likely to generate more than 200 average daily motor vehicle trips (ADTs), the applicant shall provide adequate information, such as a traffic impact study or traffic counts to demonstrate the level of impact to the street system will not exceed a volume over capacity (V/C) ratio of 0.80. Whenever performance standards of local, arterial or collector roads are determined to be above 0.80 V/C and transportation improvements are not planned within the planning horizon to bring performance to standard, the performance standard is to avoid further degradation to demonstrate that the level of impact to the street system will not fall below a V/C ratio of 0.80.
L. The road system shall provide adequate access to buildings for residents, visitors, deliveries, emergency vehicles, and garbage collection.
M. 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. Where topography allows, pedestrian linkages shall also be provided to the peripheral street system.
N. Any application that involves access to the state highway system shall be reviewed by the Oregon Department of Transportation for conformance with state access management standards.
O. Bikeways shall be required along arterials and collectors with ADTs greater than 3,000 feet. Sidewalks shall be required along arterials, collectors, and most local streets. [Ord. 11-373-O § 8-7:3.120].
16.15.060 Applicant shall revise tentative plan to comply with conditions.
Prior to submitting construction documents for city review, the applicant shall submit a revised tentative plan demonstrating compliance with the conditions of approval of the tentative plan by the review body. The public works director and city planner may waive this requirement if no significant tentative plan modifications are required in order to comply with conditions of tentative plan approval. [Ord. 11-373-O § 8-7:3.130].
16.15.070 Phased development – Subdivision.
A. The tentative plan proposing a phased development shall show all phases in the same detail, with the same requirements for application submittal and utilizing the same criteria for approval as Phase I.
B. The review body may authorize a time for the submittal of the final plat and the development of subsequent phases. The time period may exceed 18 months, but in no case shall the total time period for all phases exceed three years without resubmittal of the remaining portions of the tentative plan for review and approval.
C. Phase I shall be final platted and meet the criteria and conditions of final plat submittal, review and approval, prior to the beginning of any construction on Phase II. Phases of development as approved by the review body may be combined if, in the opinion of the public works director or city planner, the public health, safety and welfare will not be affected by so combining phases. The project may not be broken into further phases of development without the review and approval by the review body that reviewed and approved the original tentative plan.
D. Notwithstanding other provisions of this section, phases final platted after 18 months are subject to modification in accordance with any change in this title, other implementing ordinances or regulations adopted by the city council or changes in the comprehensive land use plan of the city. [Ord. 11-373-O § 8-7:3.140].
16.15.080 Tentative plan review – Purpose.
The intent of tentative plan review of subdivisions is to provide a sufficient opportunity for the public and the review body to address the critical and material land use issues. The information required to support the decision must provide substantial evidence in the opinion of the review body that compliance with the approval criteria, compliance with city standards and any solution to an identified problem is possible, likely, and reasonably certain to succeed. [Ord. 23-418-O § 91; Ord. 11-373-O § 8-7:3.210].
16.15.090 Development conditions.
Tentative plan review is the most critical stage in the land division process, as it is at this stage that discretion is applied to evaluate compliance with criteria for approval, city ordinance standards, and to address impacts of the proposed development. For this reason, additional detail may be required from the applicant by the review body, and development conditions of approval may be imposed upon the project by the review body. [Ord. 11-373-O § 8-7:3.220].
16.15.100 Tentative plan review procedures.
Subdivisions shall require a preapplication conference per RRMC 16.10.070(A) and 16.10.100 and a complete application determination per Article III of Chapter 16.10 RRMC prior to proceeding with the review of the tentative plan. Tentative plan review shall be held in accordance to type III procedure and reviewed by the planning commission. [Ord. 23-418-O § 92; Ord. 11-373-O § 8-7:3.230].
16.15.110 Expiration of approved tentative plan.
Within 18 months following the approval of a subdivision tentative plan, the final plat shall be submitted to the city planner with all conditions of tentative plan approval fulfilled. The city planner may, upon written request by the applicant, grant extensions of the expiration date of 12 months. Upon granting an extension, the city planner shall make written findings that the facts upon which the approval was based have not changed to an extent sufficient to warrant refiling of the tentative plan, and that no other subsequent development approval will be affected. [Ord. 23-418-O § 93; Ord. 11-373-O § 8-7:3.240].
16.15.120 Construction document review.
A. Design for a subdivision sanitary sewer, potable and fire flow water, storm drainage, grading and erosion control, and other utilities must be reviewed and approved by the city engineer and the public works director. The plan shall include a schedule of intermediate inspections to ensure plans are being followed throughout the site development process.
B. Fire lines, fire hydrants including placement, size and type, and proposed water pressure shall be reviewed and approved by the fire district fire marshal.
C. Water system design and extension shall conform to the adopted water system master plan, official water system map, and the city of Rogue River water standards.
D. Sewer system design shall conform to the adopted wastewater master plan, official wastewater system map, and shall be approved by the Department of Environmental Quality.
E. Storm drain and drainway design shall be consistent with the city’s stormwater master plan and official stormwater map, shall take into account the capacity and grade necessary to maintain unrestricted flow from areas draining through the use or development, and to allow extension of the system outside the use or development.
F. The Grants Pass Irrigation District and/or the Gold Hill Irrigation District shall be consulted regarding any improvements on the property in which they have an interest.
G. All utilities shall be placed underground. The applicant shall make necessary arrangements with the utility companies or other persons or corporations affected for the installation of underground lines and facilities.
H. Construction document submittal and review shall be per Article III of Chapter 16.25 RRMC.
I. Construction acceptance and bonding for completion and maintenance shall be per Article IV of Chapter 16.25 RRMC.
J. Fees, assessments and system development charges shall be per RRMC 16.25.360. [Ord. 11-373-O § 8-7:3.250].
16.15.130 Final plat review – Purpose.
Approval of the tentative plan does not constitute final acceptance of the final plat, although such approval is binding for purposes of the preparation of the final plat. As a result of final plat review, the city may require changes in the final plat as are necessary for compliance with the terms of the city approval of the tentative plan. This allows the subdivider to proceed with the project including final plat preparation and actual construction with some assurance, and gives assurance to the city that the final plat will be in substantial conformance with the approved tentative plan and with the development conditions of approval. [Ord. 11-373-O § 8-7:3.310].
16.15.140 Final plat review procedures.
Final plat review shall be as provided in RRMC 16.10.060. Subdivision final plats may require a preapplication conference per RRMC 16.10.060(A) and 16.10.100 and a complete application determination per Article III of Chapter 16.10 RRMC prior to proceeding with the review of the final plat. For final plat reviews requiring a public hearing, Article II of Chapter 16.10 RRMC shall apply in its entirety. Final plat review shall be conducted in accordance to a type II procedure. [Ord. 23-418-O § 94; Ord. 11-373-O § 8-7:3.320].
16.15.150 Definition of substantial conformance.
The final plat must be in substantial conformance with the tentative plan, as defined in this title. For this reason, final plats that are in substantial conformance have a lesser degree of review at the final plat stage than the tentative plan stage. The term “substantial conformance” shall mean, in the opinion of the public works director, at a minimum, that the final plat:
A. Conforms with the approved tentative plan and the development conditions of approval of the tentative plan;
B. Meets the city standards of design and construction as embodied in the approved construction documents, including those change orders approved in writing by the public works director;
C. Meets the approved future development plan and approved master plan street and utility requirements, if any; and
D. Has resulted in no additional lots created, other than as approved, nor any nonconforming lots created other than as approved in the tentative plan by the review body. [Ord. 11-373-O § 8-7:3.330].
16.15.160 Nonconforming final plat review process.
Within 14 days of application for final plat, the city planner shall determine whether or not the final plat application is complete and that the final plat substantially conforms with the approved tentative plan. If the final plat does not substantially conform to the approved tentative plan, then the final plat shall be required to be reviewed using the previous public hearing procedures. [Ord. 11-373-O § 8-7:3.340].
16.15.170 Final plat map requirements.
After completing the requirement for subdivision tentative plan approval, the developer shall submit a final plat original on mylar and a certified copy on mylar together with four prints to the city administrator, two in full size, one scaled to eight and one-half inch by 11 inches, and one in the preferred digital format. The final plat shall be prepared by a surveyor and shall contain the following:
A. The plat shall be 18 by 24 inches. No part of the drawing shall be nearer to the edge of the sheet than one inch.
B. All requirements of ORS 209.250 and ORS Chapter 92 as applicable, and any other applicable and state or federal regulations.
C. Any dedications or changes required as part of tentative plan approval. Dedications shall be done in accordance with applicable local and state laws.
D. When a future development plan is required, a note on the final plat stating that development of the property is subject to the conditions of such plan.
E. Any plat notes, restrictions, notices and special conditions that were required to be placed on the final plat as part of tentative plan approval. The review body shall not require that the plat show graphically any information or requirement that is or may be subject to administrative change or variance.
F. Statement or certification(s) verifying the source of water and sewage disposal in accordance with ORS 92.090.
G. A letter from the responsible engineer stating that the engineer had supervised the grading and the construction for the entire parcel and the individual lots, and stating that the grading and construction was completed according to the approved plans.
H. As a separate document, a land division guarantee from a title company. [Ord. 23-418-O § 95; Ord. 11-373-O § 8-7:3.410].
16.15.180 Final plat – Signatures required.
The signatures required on a subdivision final plat shall be as follows:
A. The surveyor who prepared the plat, the property owner(s), and all other parties required to sign under ORS Chapter 92 shall sign the plat.
B. The county surveyor shall sign to verify compliance with applicable survey laws for the state of Oregon.
C. The city administrator shall sign that all city financial obligations on the property have been met.
D. The public works director shall sign the final plat when the final plat is in conformance with the approved tentative plan, when all conditions of tentative plan approval have been met, and when the letter from the responsible engineer certifying construction according to approved plans has been received.
E. The director of any special district shown on the final plat or any official required by law shall sign the plat or provide certifications as required by law.
F. The county assessor shall sign certifying that all taxes on the property have been paid or bonded for in accordance with state law.
G. Following subsection (E) of this section, the chairperson of the board of county commissioners shall sign.
H. All signatures shall be in black permanent India type ink. [Ord. 11-373-O § 8-7:3.420].
16.15.190 Filing an approved final plat.
The applicant shall file the approved original subdivision final plat as per ORS 92.120. After recording, the applicant shall also file one print with the city administrator, bearing the county clerk’s received stamp and the recording number. [Ord. 11-373-O § 8-7:3.430].
16.15.200 Expiration of approved final plat.
The approved final plat shall become null and void if not filed and recorded with the county clerk within 30 days of final approval by the city. The date of final approval by the city shall be the effective date following the final action by the city review body and the appeal period per Article II of Chapter 16.10 RRMC. [Ord. 11-373-O § 8-7:3.410].
16.15.210 Replatting previously recorded plats.
Replatting of previously approved and recorded final plats shall follow the same review procedure as submittal and review of a new subdivision tentative plan per this chapter. [Ord. 11-373-O § 8-7:3.440].