Chapter 17.330
LAND DIVISION – PARTITION I

Sections:

17.330.010    General.

17.330.020    Initiation.

17.330.030    Preapplication.

17.330.040    Application.

17.330.050    Notice and decision.

17.330.060    Appeal.

17.330.070    Acceptance of improvements and monumentation.

17.330.080    Filing.

17.330.010 General.

When a unit of land is being divided, it is necessary to verify the newly created parcels will conform to the requirements of this title and new private and existing public streets meet city standards.

An application for a partition I shall only apply to land if:

(1) Required access to each parcel can be accommodated without the need of creating a public street. The applicant may utilize existing public streets, new or existing private streets or easements in order to access the new parcels; and

(2) There are no more than three parcels created from the original unit of land. [Ord. 93 § 5.9.1, 1987].

17.330.020 Initiation.

A partition may be initiated by the property owner or authorized agent by filing an application with the public works and development department. The partition map submittal must be completed by an Oregon-licensed land surveyor. [Ord. 93 § 5.9.2, 1987].

17.330.030 Preapplication.

The applicant shall submit to the public works and development department a sketch plan and discuss the proposal in relation to:

(1) City comprehensive plan.

(2) State law requirements.

(3) Land development ordinance and other city policies.

(4) Special problems associated with the land or proposed development.

(5) General design of all streets and utilities, particularly affecting on-site and adjacent property development.

Changes or modifications in the sketch plan shall be discussed by city staff and other appropriate agencies to provide all parties an understanding of the full scope of the proposed development. [Ord. 93 § 5.9.3, 1987].

17.330.040 Application.

An application shall include the current deed for the property and a typed list with the names and addresses of all property owners within 100 feet of the parent parcel according to the most recent property tax assessment roll. The applicant must also provide one mylar and three copies of the tentative partition map with the following information. The monumentation may be shown on a separate sheet from the base map information; however, a separate base map may be required to maintain the clarity of the tentative plan.

(1) Map Specifications. Date; north point; legend; scale no less than one inch equaling 100 feet, unless otherwise approved by staff.

(2) Boundaries. Legal description; written description and dimensions of the parent unit of land. Each subsequent parcel shall be numbered in consecutive order with the parcel boundaries clearly shown.

(3) Easements. Existing easements and recorded references; proposed easements showing the widths and lengths and bearings of the lines and tying the easement to a recorded reference.

(4) Existing Improvements. Names and locations of streets, drainage lines, sewer and water lines, other utilities, and structures which abut or are within the proposed development.

(5) Proposed Improvements. Location of proposed sewer and water lines, utilities, and common facilities.

(6) Hazards. Location of hazard areas, showing land within the 100-year floodplain, landslide potential, wetlands, sinkholes, or other environmental hazards. (A full geological report may be required by the building official.)

(7) Street Data. Right-of-way boundaries, widths, and centerlines; for rights-of-way on a curvature, dimensions of the delta angle, arc, length, and tangent.

(8) Survey Data. Provide bearings in degrees, minutes and seconds of a degree and distances in feet and hundredths of a foot. Curve information shall also be shown on the face of the map or in a separate table indicating arc length, chord length, radius, and central angle. All information must be in accordance with the degree of accuracy specified by the county surveyor.

(9) Monumentation. All exterior boundaries and subsequent parcel corners of the partition must be monumented in accordance with the county surveyor’s standards and accuracy requirements. The county surveyor and city planner may together waive the monumentation and survey requirements for proposed parcels that exceed 10 acres.

(10) Supplementary Information. Name and address of owner(s); deed restrictions applicable to the development.

(11) Evidence of Approval. Provisions for the signatures of the surveyor preparing the map, the city planner, and city engineer. [Ord. 93 § 5.9.4, 1987].

17.330.050 Notice and decision.

(1) Notice of an application for a partition I shall be mailed to all property owners within 100 feet of the parent parcel and to any neighborhood or community organization recognized by the city governing body whose boundaries include the parent parcel. Notice and copies of the proposed partition shall also be mailed to the county tax assessor, county surveyor, and the local public utilities. Notice shall be mailed not less than 15 days prior to the decision and must include the following information:

(a) A summary of the proposed request and the file number of the application;

(b) The street address or other geographical reference to the subject property;

(c) The date the notice was mailed and the place, date, and time that comments are due;

(d) A statement that prior to a decision by the city planner, a 14-day comment period will be provided for the submission of written comments concerning the proposed partition;

(e) A statement that issues which may provide the basis for an appeal must be raised prior to the expiration date of the comment period and must be specific enough to enable the decision maker to respond to the issue;

(f) A list of the decision criteria that will be used as a basis for making a decision;

(g) A statement that copies of the applicant’s submitted evidence are available for review and that copies of the information can be obtained at cost;

(h) The name, address, and phone number of the city planner and a statement that questions and comments concerning the partition must be directed to this individual;

(i) A summary of the decision-making process and a provision that notice of the decision will be sent to the owner and any person who submits comments within the appropriate period of time.

(2) The public works and development department shall review the partition plan, written material supplied by the applicant, and comments received during the 14 day comment period before making a decision. The decision to approve, conditionally approve, or deny the application must be made in writing and shall consider the following decision criteria:

(a) The development conforms to the requirements of this title and other city policies.

(b) The development conforms to the comprehensive plan.

(c) If applicable, the proposed public improvements satisfy city requirements.

Final approval shall be indicated on the map by the signature of the city planner.

(3) Written notice of the final decision, including an explanation of appeal rights, must be mailed to the owner and any person that submitted comments during the comment period. [Ord. 93 § 5.9.5, 1987].

17.330.060 Appeal.

The decision of the staff may be appealed to the planning commission in accordance with Chapter 17.305 CBMC. [Ord. 93 § 5.9.6, 1987].

17.330.070 Acceptance of improvements and monumentation.

Approval of the final map shall not constitute an offer by the applicant or acceptance by the city of any public improvements or monumentation. Upon completion of the improvements and post-monumentation, the applicant shall submit the following record drawings to the public works and development department:

(1) One copy of plan profiles for any new private street or sanitary/storm sewer.

(2) Two permanent mylars of the post-monumentation plan, certified by an Oregon-licensed land surveyor, which substantially conforms to the original map approved by staff. This map must also include appropriate signature blocks for the owner(s), the city planner, city engineer, county surveyor, county tax assessor and county clerk.

The city planner and city engineer shall review the material and indicate approval of the final maps and the post-monumentation by signing the appropriate affidavits. When it is necessary, the city engineer shall recommend to the city council that a resolution be passed confirming final acceptance of any public improvements. [Ord. 93 § 5.9.7, 1987].

17.330.080 Filing.

City approval of the final plan shall be conditioned on its prompt recordation with the office of the county clerk after securing all other official approvals. Within seven days of recordation of the final plat or map, a mylar copy shall be returned to the public works and development department for city records. [Ord. 215, 1995; Ord. 93 § 5.9.8, 1987].