Chapter 16.40
PARTITION
Sections:
16.40.020 Tentative plat submittal requirements.
16.40.030 Criteria for partition tentative plat approval.
16.40.040 Revised tentative plat to comply with development conditions.
16.40.050 Tentative plat review procedures.
16.40.060 Expedited land division review procedure.
16.40.070 Expiration of approved tentative plat.
16.40.080 Construction document review.
16.40.090 Final plat review – Purpose.
16.40.100 Final plat review procedures.
16.40.110 Substantial conformance.
16.40.120 Nonconforming final plat review process.
16.40.130 Partition – Final plat map requirements.
16.40.140 Partition – Final plat signatures required.
16.40.150 Filing an approved partition final plat.
16.40.160 Expiration of approved partition final plat.
16.40.170 Replatting previously recorded plats.
16.40.010 Effect.
A partition acts to divide land into two or three parcels. All previous property lines within the plat area are vacated by the partition plat. [Ord. 11-373-O § 8-7:8.010].
16.40.020 Tentative plat submittal requirements.
The applicant shall submit four copies, two in full size, one scaled for eight and one-half inch by 11 inches, and one in the preferred digital format, of a tentative plat and any supporting materials to the city planner. The following shall be included:
A. Signed Application Form. A completed application form as provided by the city planner, signed by the property owner, the applicant, and the applicant’s agent, if any. To initiate the application, the applicant or the applicant’s agent, 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 Plat Map.
1. A map no smaller than 11 inches by 17 inches.
2. Names, addresses, and telephone numbers of the recorded property owner(s), the partitioner, 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 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. Parcel Dimensions. Existing and proposed lot lines, with dimensions and bearing.
7. Parcel Size. Parcel size in square feet and acres.
8. Parcel Numbers. Parcel numbers or letters for each lot.
9. 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.
10. 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.
11. 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 streets. Show existing and proposed utility locations and depths in the street section.
12. 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 RRMC 16.15.040(C)).
13. Steep Slopes Cross Section. Show typical section through roadway and adjacent proposed lots for all slopes over 15 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.).
14. 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.
15. Slope. Degree and approximate direction of slope and drainage, and an indication of areas with greater than 15 percent slope. If the property includes slopes greater than 15 percent, include a tentative grading plan indicating cuts, fills and retaining walls, if any.
16. Slope hazard areas, delineated as follows:
a. Slopes 0 – 15% = no shading;
b. Slopes 16 – 25% = light shading;
c. Slopes 26%+ = heavy shading.
17. Soils Report. For slopes over 15 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 remediation for roadway development and slope stabilization.
18. Easements. Show location, dimensions, and purpose of all recorded and proposed public and private easements.
19. Existing and Proposed Utilities. Show location and size of the following:
a. Sanitary sewer mains and laterals.
b. Water mains, laterals, and fire hydrants.
c. Storm drain lines, culverts, catch basins, and drainage ways, including profiles of proposed drainage ways.
d. Existing septic tanks, septic tank leach fields or other such facilities.
e. Wells, with indication that active wells are to be either blocked or will continue to be used.
f. Grants Pass Irrigation District (GPID) and/or Gold Hill Irrigation District (GHID) and private irrigation facilities.
g. Other utilities such as power, telephone, cable TV, and natural gas.
20. City Services Vicinity Map. If streets and/or utilities fronting the property are inadequate for service to the proposed partition in the opinion of the public works director, show on a separate map at a large scale acceptable to the public works director 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, natural gas).
21. Natural Features. Trees with diameter of 12 inches or greater, large rock outcroppings, significant wildlife habitat area, etc.
22. 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.
23. 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 plat map, if so determined by the public works director.
24. 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 partition adjoins areas outside the urban growth boundary, show county zoning for these areas.
25. Existing Uses. Identify existing uses of land, and show existing buildings and structures to remain, with distance in feet to all new lot lines.
26. Proposed Sites. Proposed sites for purposes other than single-family dwellings.
27. Future Development Plan. A future development plan, if applicable, shall be submitted for the property being partitioned in accordance with Article II of Chapter 16.25 RRMC.
28. Dedication. Location, boundary, and description of proposed uses of all areas to be dedicated to public uses.
29. Deed Restrictions. Previously recorded and proposed deed restrictions.
30. Signatures. Signature and stamp of registered land surveyor or registered civil engineer guaranteeing information is accurate and correct. [Ord. 23-418-O § 111; Ord. 11-373-O § 8-7:8.110].
16.40.030 Criteria for partition tentative plat approval.
The review body shall approve, approve with conditions, or deny the request, based upon all the following criteria:
A. The plan conforms to the zone area, density and lot dimension requirements and other requirements of Chapters 16.20 and 16.25 RRMC.
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, curb, gutter and sidewalk layout, if any are required, conforms to the applicable requirements of any adopted city street plans, master transportation plans, or master plan as adopted by the city council.
D. The proposed utility plan conforms to the applicable requirements of any adopted city utility plans or master plan as 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, and will not exceed the capacity of an existing street or utility as built or as enhanced with proposed developer improvements.
F. Cuts, fills and retaining walls are not excessive, which shall mean no cuts shall result in retaining walls or rip-rap walls greater than 10 feet in height from the finish grade or slopes greater than 35 percent, and no fill shall result in a retaining wall greater than six feet in height from the finish grade nor a slope greater than 15 percent.
G. In the case where the proposed partition will allow properties to be further developed, the proposed future development plan will allow the properties to be fully developed, partitioned or subdivided as efficiently as possible under existing circumstances. The future development plan shall be complete with future property lines, street 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.
H. The proposed plan complies with applicable portions of the city’s comprehensive land use plan, this title, other city ordinances, state statute and federal law. [Ord. 11-373-O § 8-7:8.120].
16.40.040 Revised tentative plat to comply with development conditions.
Prior to submitting construction documents for city review, the applicant shall submit a revised tentative plat demonstrating compliance with the conditions of approval of the tentative plat by the review body. The city planner and public works director may waive this requirement if no significant modifications are required in order to comply with conditions of tentative plat approval. [Ord. 11-373-O § 8-7:8.130].
16.40.050 Tentative plat review procedures.
Tentative plat review shall be processed according to Chapter 16.10 RRMC, where a plat resulting in the creation of a public street shall be conducted in accordance to type III procedure, while a division that results in no new public streets shall be reviewed through type II administrative procedure. [Ord. 23-418-O § 112; Ord. 11-373-O § 8-7:8.140].
16.40.060 Expedited land division review procedure.
The expedited land division procedure per ORS 197.360 and 197.365 refers only to land divisions that will create three or fewer parcels, includes land zoned for residential uses within an urban growth boundary, is solely for the purpose of residential use, is not on land that is mapped by the city for full or partial protection of natural features, satisfies minimum standards established by the city’s land use regulations, and creates enough lots or parcels to allow building residential units at 80 percent or more of the maximum net density permitted by the zoning district of the site. The expedited land division procedure may be selected by the applicant, and will follow the procedures of ORS 197.360 and 197.365. [Ord. 11-373-O § 8-7:8.141].
16.40.070 Expiration of approved tentative plat.
Within 18 months following the effective date of approval of a partition tentative plat, the final plat shall be submitted to the city planner with all conditions of the tentative plat 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 plat and that no other subsequent development approval will be affected. [Ord. 23-418-O § 113; Ord. 11-373-O § 8-7:8.150].
16.40.080 Construction document review.
Design for a 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. Fire lines and fire hydrants including placement, size and type, and proposed water pressure shall be reviewed and approved by the fire district fire marshal. Water system design and extension shall conform to the adopted water plan, official water system map, and the city of Rogue River water standards and shall be approved by Oregon Department of Human Services Public Health Division. Sewer system design shall conform to the adopted sewer plan, official sewer system map, and shall be approved by the Department of Environmental Quality. Storm drain and drainage way design shall be consistent with the city’s master storm drainage facilities plan and official storm drainage 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. Grants Pass Irrigation District shall be consulted regarding any improvements on the property in which they have an interest. 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. Construction document submittal and review shall be per Article III of Chapter 16.25 RRMC. Construction acceptance and bonding for completion and maintenance, as well as fees, assessments and system development charges, shall be per Chapter 16.25 RRMC. [Ord. 11-373-O § 8-7:8.160].
16.40.090 Final plat review – Purpose.
Approval of the tentative plat 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 plat. 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 plat and with the development conditions of approval. [Ord. 11-373-O § 8-7:8.210].
16.40.100 Final plat review procedures.
Final plat review shall be processed according to type II procedure, as stated in Chapter 16.10 RRMC. [Ord. 23-418-O § 114; Ord. 11-373-O § 8-7:8.220].
16.40.110 Substantial conformance.
The final plat must be in substantial conformance with the tentative plan, as defined in this title. Within 120 days of receipt of the final plat, the city planner shall determine whether the final plat substantially conforms to the approved tentative plat. The 120-day period shall be measured from the date the final plat application is determined to be complete. For this reason final plats that are in substantial conformance have a lesser degree of review at the final plat stage than the tentative plat stage. The term “substantial conformance” shall mean, in the opinion of the city planner and public works director, at a minimum, that the plat:
1. Conforms with the approved tentative plat and the development conditions of approval of the tentative plat;
2. Meets the approved master plan street and utility requirements, if any; and
3. Has resulted in no additional lots created, other than as approved, nor any nonconforming lots created other than as approved in the tentative plat by the review body. [Ord. 23-418-O § 115; Ord. 11-373-O § 8-7:8.230].
16.40.120 Nonconforming final plat review process.
Within 120 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 plat. If the final plat does not substantially conform to the approved tentative plat then the final plat shall be required to be reviewed using the previous public hearing procedures. [Ord. 23-418-O § 116; Ord. 11-373-O § 8-7:8.240].
16.40.130 Partition – Final plat map requirements.
After completing the requirement for partition tentative plat approval, the developer shall submit a final plat original on mylar and a certified copy on mylar, together with four prints to the city planner. The final plat shall be prepared by a surveyor and shall contain the following:
A. The plat shall be 18 inches by 24 inches. No part of the drawing shall be closer 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 plat approval. Dedications shall be done in accordance with applicable local and state laws.
D. Any plat notes, restrictions, notices and special conditions that were required to be placed on the final plat as part of tentative plat 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, or any other information unless authorized by the county surveyor.
E. As a separate document provide a statement or certification(s) verifying the source of water and sewage disposal in accordance with ORS 92.090.
F. As a separate document submit a letter from the responsible engineer stating that the engineer observed and approved 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.
G. As a separate document, a land division guarantee from a title company. [Ord. 23-418-O § 117; Ord. 11-373-O § 8-7:8.251].
16.40.140 Partition – Final plat signatures required.
The signatures required on a partition 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.
2. The city or county surveyor shall sign to verify compliance with applicable survey laws for the state of Oregon.
3. The city administrator shall sign that all city financial obligations on the property have been met.
4. The public works director shall sign the final plat when the final plat is in conformance with the approved tentative plat, when all conditions of tentative plat approval have been met, and when the letter from the responsible engineer certifying construction according to approved plans has been received.
5. All signatures shall be in black permanent India type ink. [Ord. 11-373-O § 8-7:8.252].
16.40.150 Filing an approved partition final plat.
The applicant shall file the approved original partition 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 § 8-7:8.253].
16.40.160 Expiration of approved partition final plat.
The approved final plat shall become null and void if not filed and recorded with the county clerk within 90 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 § 8-7:8.254].
16.40.170 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 partition tentative plat, per RRMC 16.40.020 through 16.40.080. [Ord. 11-373-O § 8-7:8.255].