Chapter 16.45
PROPERTY LINE ADJUSTMENTS AND VACATIONS
Sections:
Article I. Property Line Adjustments
16.45.020 Property to be included.
16.45.030 Submittal requirements.
16.45.040 Review process and criteria for property line adjustment tentative plan approval.
16.45.050 Expiration of property line adjustment tentative plan.
16.45.060 Final plat – Property line adjustment.
16.45.070 Signatures on property line adjustment final plat.
16.45.080 Filing an approved property line adjustment final plat.
16.45.090 Expiration of an approved property line adjustment final plat.
Article II. Vacation of Property Line
16.45.110 Submittal requirements.
16.45.120 Criteria for approval.
16.45.130 Filing a property line vacation order.
Article I. Property Line Adjustments
16.45.010 Effect.
A property line adjustment shall act to vacate and replace the existing property line(s) separating adjacent properties. The number of parcels resulting from the property line adjustment may be equal to or fewer than the number of original lots, parcels, or properties. [Ord. 11-373-O § 8-7:9.010].
16.45.020 Property to be included.
All property within any of the original authorized lots proposed for adjustment shall be included within the property line adjustment plat. [Ord. 11-373-O § 8-7:9.020].
16.45.030 Submittal requirements.
The applicant shall submit two copies of a tentative plan and any supporting materials to the city planner. The following shall be included:
A. A completed application on a form provided by the city planner with the signature of all property owners.
B. A map with the following:
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 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 and/or 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. Parcel Dimensions. Existing and proposed lot lines, with dimensions and bearing.
7. Parcel Size. Existing and proposed parcel sizes in square feet and acres.
8. Parcel Numbers. Parcel numbers or letters for each lot.
9. Streets. Names, rights-of-way locations and width.
10. Existing Uses. Location and outline of existing buildings and structures with distances in feet to new parcel lines created by the proposed property line adjustment, and an indication if the buildings or structures are to be removed prior to the adjustment.
11. Future Divisions. If the proposed property line adjustment results in parcels greater than twice the minimum lot size allowed, indicate by dashed lines how future divisions and streets can be created.
12. Signatures. A signature and stamp of a registered land surveyor that guarantees that all information shown on the plan is accurate and correct, and the applicant accepts responsibility for same.
C. For the area that is adjusted from one parcel to the other, the following must be shown:
1. Easements. The location, dimensions and purpose of all recorded and proposed public and private easements.
2. 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.
3. 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 and/or the public works director.
4. Slope. Degree and approximate direction of slope and drainage, and an indication of areas within a slope hazard district (slopes greater than 15 percent).
5. Utilities. Location and size of all storm drains and other drainage ways; sewer mains, laterals, septic tanks and leach fields, or other facilities; water mains, laterals, wells, or other facilities; irrigation facilities or other pertinent utilities. [Ord. 11-373-O § 8-7:9.100].
16.45.040 Review process and criteria for property line adjustment tentative plan approval.
Tentative plan review shall be as provided in Chapter 16.10 RRMC. The city planner shall approve, conditionally approve or deny the request based upon the following criteria:
A. An additional property is not created by the property line adjustment.
B. A property is not reduced in size below the minimum lot size established by the applicable zone district.
C. If one or more existing properties are less than the minimum lot size, no property is reduced smaller than the size of the original smallest property.
D. The adjusted property configuration does not create a substandard condition relative to the applicable standards of this title. [Ord. 11-373-O § 8-7:9.200].
16.45.050 Expiration of property line adjustment tentative plan.
Within 180 days following the effective date of approval of a tentative plan, the final plat must be submitted and all conditions of tentative plan approval fulfilled. The city planner may, upon written request by the applicant, grant one 60-day extension. Upon granting such 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 development approval would be affected. [Ord. 23-418-O § 118; Ord. 11-373-O § 8-7:9.300].
16.45.060 Final plat – Property line adjustment.
All property line adjustment final plats shall be prepared in accordance with all requirements of final partition plats per RRMC 16.40.130 through 16.40.170. All property lines in a property line adjustment plat must be surveyed, in compliance with ORS Chapter 92. [Ord. 11-373-O § 8-7:9.400].
16.45.070 Signatures on property line adjustment final plat.
A. When the property line adjustment is surveyed, the city or county surveyor shall sign to verify compliance with applicable survey laws of the state of Oregon.
B. The city administrator shall sign the final plat and release it for recording when the final plat is in conformity with the approved tentative plan, and when all conditions of tentative plan approval have been met.
C. All signatures shall be in black permanent India type ink. [Ord. 11-373-O § 8-7:9.500].
16.45.080 Filing an approved property line adjustment final plat.
The applicant shall file the approved original final plat with the county clerk, and shall file one print with the city planner, bearing the county clerk’s received stamp and the recording number. [Ord. 11-373-O § 8-7:9.600].
16.45.090 Expiration of an approved property line adjustment final plat.
The approved final plat shall become null and void if not filed and recorded with the county clerk within 30 days of approval. The date of final approval by the city shall be the date the final property line adjustment plat is signed by the city administrator. [Ord. 11-373-O § 8-7:9.700].
Article II. Vacation of Property Line
16.45.100 Effect.
A property line vacation shall act to remove the lot, parcel, or property lines separating the properties and consolidate them into a single authorized lot. Once recorded, the original property lines may not then be recovered except through a partition or subdivision process as provided in this title. [Ord. 11-373-O § 8-7:10.010].
16.45.110 Submittal requirements.
Petitions for property line vacations shall be on a form provided by the city administrator, and shall contain the following:
A. Location. Location by street address and assessor’s map page and tax lot number.
B. Legal Description. A legal description of the properties by metes and bounds, subdivision lot or partition parcel number, or similar description.
C. Existing Uses. General location and/or description of existing uses on each property.
D. Names. Name, address and telephone number of the property owner(s) and applicant(s).
E. Signatures. Signatures of all property owners indicating their consent and approval to vacate the property lines. [Ord. 11-373-O § 8-7:10.100].
16.45.120 Criteria for approval.
The review body may authorize vacation of the property lines unless the resultant property configuration would create a substandard condition relative to the requirements of this title, such as place two single-family dwellings on one lot where only one single-family dwelling per lot is allowed. [Ord. 11-373-O § 8-7:10.200].
16.45.130 Filing a property line vacation order.
The applicant shall file the approved vacation order, as prepared by the city, with the county clerk within 30 days of adoption. [Ord. 23-418-O § 119; Ord. 11-373-O § 8-7:10.300].