Chapter 17.335 LAND DIVISION – PARTITION II AND SUBDIVISION

Chapter 17.335
LAND DIVISION – PARTITION II AND SUBDIVISION

Sections:

17.335.010 General.

17.335.020 Filing schedule.

17.335.030 Fees.

17.335.040 Preapplication.

17.335.050 Preliminary plat or major partition map.

17.335.060 Public improvements and monumentation.

17.335.070 Final plat or map.

17.335.080 Structural permits.

17.335.090 Acceptance of improvements.

17.335.010 General.

(1) The following general rules, guidelines and specific requirements, where applicable, shall govern the development of all partition II and subdivisions. The goals of these regulations are to:

(a) Provide for a uniform process for partition II and subdivisions.

(b) Ensure the appropriate size of building lots within the density requirements of the district.

(d) Provide for the orderly extension of public facilities and services, such as water, drainage, sewerage, and streets.

(e) Assure the health, safety, and welfare of the general public.

(2) An application for a Partition II and Subdivision shall be made in either of the following circumstances:

(a) The division includes the creation of a public dedicated street; or

(b) There are more than three lots that will be created from the parent parcel. [Ord. 215, 1995; Ord. 93 § 5.16.1, 1987].

17.335.020 Filing schedule.

The following is a general outline of the schedule in filing for the approval of subdivision and major partitioning of land in the city of Coos Bay:

(1) Applicant files preapplication (CBMC 17.335.040):

(a) Sketch plan submitted to the city staff for preliminary review.

(b) Modifications or changes discussed with city and appropriate agencies.

(2) A preliminary plat and partition map application, with filing fee, must be submitted at least 45 days prior to planning commission review (CBMC 17.335.050):

(a) The city will disperse copies of the submitted plans to special districts and other agencies within five days of the completed application.

(b) Comments from the special districts and agencies must be made within 20 days.

(d) Final decision for approval of a plat or map will be made by the city council based upon the recommendation of the planning commission, the record and evidence presented at the time of the public hearing.

(3) Applicant acknowledges public improvement obligation (CBMC 17.335.060):

(a) Submits utility and street construction plans, profiles, cross-sections, drawings, and specifications and also a detailed work schedule accompanied by the plan check fee.

(b) Within 48 months of preliminary approval, posts performance bond or security deposit for public improvements and post-monumentation and pays inspection fee, and enters into separate agreement by which public improvements and subdivision post-monumentation are to be completed within 24 months. Submits exterior boundary and right-of-way monumentation map.

(4) Applicant files final plat or partition map within 12 months after the improvement contract is executed (CBMC 17.335.070):

(a) Full staff review of final plat or map for compliance.

(b) If substantive changes are made, planning commission review and recommendation.

(d) Recordation of final plat or map.

(5) Building permits may be issued; provided, that all essential utilities (streets, water, sewer) are available and confirmed by city staff.

(6) Applicant completes all utility improvements and subdivider files certified interior post-monumentation plat within 24 months of execution of public improvement contract.

(7) City accepts all public improvements (CBMC 17.335.090). [Ord. 320, 2002; Ord. 93 § 5.16.2, 1987].

17.335.030 Fees.

(1) Land Division Application Filing Fee. A filing fee as set by council resolution shall be submitted when a formal application for preliminary plat or partition map approval is filed.

(2) Plan Check Fee. After preliminary approval, the construction plans and specifications shall be submitted for review. At this time the applicant shall pay a plan check fee established and set by resolution by the city council. If these plans must be corrected and then rechecked, the applicant shall also pay any additional actual costs incurred.

(3) Inspection Fee. The fee for the city’s ongoing inspection of street and utility improvements shall be established by resolution of the city council. This fee shall be paid by the applicant prior to the issuance of any construction permits. Additional inspection costs incurred by the city exceeding the initial cash advance established by resolution shall be based upon actual costs and shall be paid before the city formally accepts the public improvements. Any portion of the cash advance not expended shall be refunded to the applicant after staff determines inspection is complete. The estimate of the cost of the required improvements will not be negotiable; a substantial difference of opinion may be submitted to the city council for review.

(4) Bond, Cash, or Security Deposit for Public Improvements. A surety or performance bond, cash, or negotiable security deposit approved by the council shall be filed for the public improvements and for the post-monumentation in an amount established by resolution of the city council. The bond or deposit shall be required before any construction permits are issued. Terms of the bond or deposit are discussed further in CBMC 17.335.060. The estimate of the cost of the required improvements will not be negotiable; a substantial difference of opinion may be submitted to the city council for final determination. [Ord. 93 § 5.16.3, 1987].

17.335.040 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.

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

(5) Development of adjacent properties.

(6) General scope of all streets and utilities.

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. The sketch plan as modified shall be filed with the public works and development department and shall generally represent the scope of the proposed development. [Ord. 93 § 5.16.4, 1987].

17.335.050 Preliminary plat or major partition map.

(1) Application – Preliminary Plat or Map. At least 45 days prior to the planning commission meeting, an application for a preliminary plat or map shall be filed with the public works and development department, and shall include one mylar and 14 copies of maps and written information as listed below. (Platting and mapping standards are specified in CBMC 17.335.070.)

(a) Base Map. A base map drawn at a scale of one inch equals 50 feet, unless otherwise approved by staff, containing the following information. If a different scale is necessary for the boundary survey map, a separate map may be submitted per county requirements:

(i) Map Data. Property boundaries, lot or parcel area in acres or square feet, north point, scale and date, name of owner or authorized person, engineer or surveyor preparing the maps, subdivision name(s).

(ii) Topography. All existing natural features including contour lines, tree groupings, low or swampy areas, streams, wetlands, or geological features, temporary bench mark based on mean sea level.

(iii) Existing rights-of-way and improvements within.

(iv) Utilities. Existing utilities and public facilities.

(v) Structures. Existing structures.

(b) Tentative Plan. This map shall show the following additional information proposed for the development:

(i) Lots. Proposed lot or parcel lines, lot or parcel dimensions, proposed lot and block numbers or metes and bounds description, street dimensions, dimension and purpose of easements, street names, and development name(s).

(ii) Grades. Proposed finished grades of the property and streets showing all cut and fill areas, general slope of the property, location of the proposed retaining walls or slope protection, and proposed storm drainage systems or drainageways.

(iii) Utilities. Locations, grade, and size of proposed utilities, including streets, water, and sewer, fire hydrants, storm drains, electricity and communication lines. Proposed service and utility structures and their intended use, and other impervious surfaces other than streets. All facilities shall be considered in their relation to existing and planned facilities, topographical conditions, public convenience and safety, and proposed use of the land.

(iv) Structures. Existing structures to remain.

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

(vi) Open Space. Location and area of the proposed development, open space, setbacks where applicable, buffers, screens, recreation facilities, or required landscaped areas.

(i) Name. The name of the proposed development, not duplicating the name of any other similar development within the county.

(ii) Title Report. Indicating any taxes or assessments as a lien against the property, and ownerships of the property of proposed development and of adjacent property within 250 feet of the proposed development.

(iii) Ownerships. Description of ownership arrangement of commonly owned or commonly used property (e.g., organization bylaws, covenants or deed restrictions).

(iv) Geological Report. For slopes greater than 2:1 or where the building official or planning commission specifies a site-specific geological investigation report. This report shall be prepared by a licensed engineering geologist, soils engineer, or other qualified expert, who must carry errors and omissions insurance. Verification of the insurance must be submitted with the report. The report shall indicate the feasibility of any proposed structures, cuts of fills, recommended storm drains both on and off the site, erosion control measures and slope stabilization devices, and trees or other stabilizing vegetation to be retained.

(v) Phasing. A statement describing and explaining the rationale for the phasing of construction, sales of lots or units, and the placement of utilities and construction of streets.

(2) Variance – Preliminary Plat or Map. The developer may apply for a variance or exception to the standards or requirements of these regulations if the proposed plan will otherwise provide adequate public space and improvement for circulation, recreation, light, air and service when fully developed and populated. Application for a variance may be filed with the preliminary application and consideration of the petition may be made during the public hearing. The decision regarding the variance shall be made in accordance with Chapter 17.350 CBMC. No variance shall be granted without proper notice and public hearing.

(3) Staff Review – Preliminary Plat or Map. Within five days after application by the developers, the city shall furnish a copy of the preliminary plan and supplemental material to the utility companies, school district, water board, county surveyor, state highway department, real estate commissioner, and all other affected agencies as the case may warrant.

These agencies shall have no more than 20 days after submission to review the plans and submit a written report to the city stating whether or not the plan is in compliance with all applicable regulations and make whatever recommendations are necessary in the public interest. If an agency does not or cannot respond within the 20-day period, an extension of time may be granted if mutually acceptable to the applicant, staff, and the agency.

If an agency’s inaction will cause undue delay, the preliminary plan may be submitted for review and approval based upon staff’s discretion.

Prior to the public hearing, the city staff will hold a conference to discuss the application and allow the developer an opportunity to correct or make any necessary or suggested revisions in the proposed plan prior to the public hearing before the commission. Based upon this conference, staff shall prepare a written report to the planning commission and to the applicant.

(4) Hearing – Preliminary Plat or Map. A public hearing shall be held before the planning commission in accordance with requirements of Chapter 17.300 CBMC. The hearing shall be scheduled no later than the second regular planning commission session following the date of application.

(5) Notice – Preliminary Plat or Map. Public hearings will be held in accordance with Chapter 17.300 CBMC.

(6) Planning Commission Recommendation – Preliminary Plat or Map. The commission will review the preliminary plat or map and written material supplied by the applicant, staff and other agencies and may recommend approval, conditional approval, or denial of the application. The commission shall adopt findings of fact which substantiate the following conclusions:

(a) Development of any remainder of property under the same ownership can be accomplished in accordance with this title.

(b) Adjoining land can be developed or is provided with public access that will allow its development in accordance with this title and state statute.

(c) The plan complies with the requirements for its submittal, and with the policies and objectives of the comprehensive plan and other city ordinances.

The planning commission may recommend conditional approval if there are deficiencies or other circumstances associated with the proposal. These substantive conditions shall be stated in terms that are specific and measurable so that the applicant is fully aware of the intent and justification of the condition and how and when implementation is to be accomplished. Conditions which the commission may recommend would be similar to those permissible under a conditional use permit.

(7) City Council Decision – Preliminary Plat or Map. The recommendation of the planning commission shall be forwarded to the city council as soon as possible but within 60 days of the hearing. Final decision by the city council is based upon recommendations by the planning commission, the record and evidence presented at the time of the public hearing. The council may affirm, modify, or reverse the recommendation of the commission, but shall adopt findings to support the required conclusions per subsection (6) of this section. [Ord. 320, 2002; Ord. 93 § 5.16.5, 1987].

17.335.060 Public improvements and monumentation.

No site preparation work may take place until all public improvement agreements have been executed, except as may be permitted in writing by the public works and development director.

(1) Required Public Improvements. The applicant shall be required to construct or to provide the following improvements according to the specifications of the public works and development department and to other regulations of this title:

(a) Streets.

(b) Sidewalks along collector and arterial streets as referenced in the comprehensive plan or as may be modified by the public works and development department.

(d) Surface drainage control.

(e) Water lines and facilities.

(f) Fire hydrants.

(g) Street lighting.

(h) Underground public, private, or franchised utilities.

(i) Street and traffic control signs and barricades as required.

(j) Other items required by the commission, council, or public works and development department as a condition of development approval.

(2) Optional Public Improvements. Other public improvements may be appropriate to the development and can be required at the discretion of the planning commission and/or city council as a condition of development approval. Such improvements are:

(a) Bicycle lanes.

(b) Pedestrian and/or bicycle paths.

(3) Construction Plans and Specifications. After approval of the preliminary plat or partition map, the applicant shall submit to the public works and development department construction plans, profile and cross-section drawings, and specifications for the required public utilities and streets, accompanied by a plan check fee. The plans will be reviewed and the applicant will be notified in writing of compliance with city requirements, or of any necessary modifications. The final drawings and specifications shall be permanently filed with the department.

A copy of the water system plans shall be submitted to the public works and development department by the applicant.

(4) Contract for Public Improvements. After approval of the plans and specifications, and within 48 months of preliminary approval, the applicant shall be required to enter into an agreement to construct and/or improve public facilities to serve the development within 24 months. Prior to the issuance of any construction permits, the applicant will submit the inspection fee and also post a performance bond, cash, or security deposit guaranteeing the completion of the contractual provisions. If the applicant is unable to complete the improvements within the two-year time period with good cause, a one-year extension may be granted by the public works and development department. Further extension must be approved by the council. No other development permits shall be issued until the contract is executed and all fees and bonds paid.

Contract for providing a water system shall be negotiated with the Coos Bay/North Bend water board. A copy of the executed agreement shall be submitted to the public works and development department with the contract.

(5) Monumentation. The applicant shall set monuments and furnish a map depicting the monumentation of the exterior boundaries of the tract of land and of the right-of-way lines within the subdivision in accordance with ORS 92.060.

When the improvements contract is executed, the applicant for a subdivision plat shall also enter into a contract to complete the interior monumentation within 24 months, and subsequently present a certified post-monumentation plan. Contract extensions will be handled in the same manner as improvement contracts (subsection (4) of this section). This contract shall be secured with a performance bond and/or surety, cash, or security deposit.

(6) Bond and/or Surety, Cash, or Security Deposit Provisions. The assurances for completion of public improvements and/or for proper monumentation shall be filed with the city recorder in the nonnegotiable amount as established by resolution of the city council. The bond or deposit shall:

(a) Name the city as obligee.

(b) Be in a form approved by the city attorney.

(d) Provide for full warranty for improvements for a minimum of two years from the date of final acceptance by the city.

(e) Be forfeited to the city if the applicant does not complete the requirements within the agreed-upon time limit, or if the applicant has created a hazard causing imminent danger to the public health and safety within or adjacent to the development which the developer fails to correct.

(f) Cover any costs, attorneys’ fees, and liquidated damages resulting from delay or failure to meet the deadline.

(g) Remain in the custody of the city until the obligation is completed or the bond or deposit is forfeited, or shall be placed in an escrow account subject to city control.

(7) Construction. Construction of improvements may begin in accordance with the agreement. During this phase of development, the applicant shall be required to prepare record drawings of all improvements. Special attention shall be given to underground utilities. [Ord. 93 § 5.16.6, 1987].

17.335.070 Final plat or map.

(1) Application – Final Plat or Map. A final plat or map, conforming to the approved preliminary plat or map, shall be filed with the public works and development department within 12 months after the improvement contract is executed. The plat or map shall include an exact mylar copy of the plat or map as filed with the county clerk’s office and 14 prints of the drawings. The mapping, drafting, and lettering will be done in a neat and legible fashion as determined by staff and will conform with ORS 92.080.

Final plat or map application shall include the information listed below:

(a) Final Plan. All required information shall be clearly and legibly shown on the plat or map.

(i) Map Specifications. Date, north point, legend, topography (bluffs, watercourses, etc.), existing cultural features (highways, railroads, etc.), and scale no less than one inch equals 100 feet unless otherwise approved by staff.

(ii) Boundaries. Legal description; dimensions of tract, block, and lot boundary lines or parcel boundary lines.

(iii) Blocks. Numbered consecutively.

(iv) Lots. Numbered beginning with one and then consecutively.

(v) Parcels. Metes and bounds description.

(vi) Easements. Denoted with fine dotted lines, clearly identified and, if already of record, the recorded reference. If any easement is not recorded, the widths of the easement and the lengths and bearings of the lines and sufficient ties to definitely locate the easement with respect to the development must be shown.

If the easement is being dedicated by the map, it shall be properly referenced in the owner’s certificate of dedication.

(vii) Dedications. Land parcels to be dedicated for any public or private purpose to be distinguished from lots intended for sale; may include recreational or open space areas.

(viii) Street Data. Right-of-way boundaries, widths and centerlines. For rights-of-way on curvatures, dimensions of the delta angle, arc, length, and tangent shall be shown.

(ix) Survey Data. The length of bearings, delta angles, radii, arcs, points of curvature, and length and bearings of tangents. Bearings shall be to the nearest 10 seconds, except for lot line bearings to the nearest 30 seconds. All distances to the nearest hundredth foot, the error of closure to be one foot in 10,000 feet.

(b) Certificates.

(i) Dedication Certificate. A certificate signed and acknowledged by all parties having any recorded title interest in the land consenting to the preparation and recording of the plat or map, and/or a certificate signed and acknowledged as above, dedicating all areas of land shown on the final plat and intended for any public use, except those lands which are intended for the exclusive use of the lot owners in the development, their licenses, visitors, tenants, or servants.

(ii) Surveyors Affidavit. A certificate signed and sealed by the licensed surveyor responsible for the survey and the final plat or map.

(iii) Post-Monumentation Affidavit. A certificate signed by the public works and development director verifying the monumentation. This certificate will be executed only upon completion of all public improvements.

(iv) Other. All other certificates now or hereafter required by law.

(i) Plat or Map Preparation. Name and address of owner(s), developer, engineer, or surveyor and land planner or landscape architect.

(ii) Title Report. A preliminary title report issued by a title insurance company in the name of the owner of the land showing all parties whose consent is necessary and their interest in the premises.

(iii) Deed Restrictions. Five copies of any deed restrictions applicable to the development.

(iv) Taxes. Written proof that all taxes and assessments on the tract are paid to date.

(v) Public Improvements. Written certification from the public works and development department and the water board that either all improvements have been made or that an agreement has been executed.

(vi) Survey Calculations. Calculations should be properly indexed and should measure eight inches by 11 inches or eight inches by 14 inches. No unnecessary printed, lettered, or written information shall appear on calculation sheets except that which relates to the survey of the development. One set of coordinates shall be used throughout; minus coordinates are not acceptable. Traverse sheets shall contain the following order: point number or lot corner, angle, bearing, horizontal distance, latitude, departure, north coordinate, and east coordinate. Vertical datum benchmark shall be measured from mean sea level. Computed sheets or tapes will be accepted if properly indexed, labeled, and explained.

(2) Application Filing – Final Plat or Map. The final maps and supplemental information shall be presented at least 30 days prior to review by the council.

If the applicant is not prepared to file the final plat or map as required in this section, a preliminary extension of up to six months may be granted by the public works and development department. A request for an extension shall be made in writing and shall include reasons the extension is necessary. Extensions beyond the initial six months shall require the approval of the city council.

If the final material is not presented and there is no request for an extension, the development will be automatically reviewed by the city council. The applicant will be notified to show cause for failure to meet the ordinance provisions.

(3) Staff Review – Final Plat or Map. The final map and other data shall be reviewed by the public works and development department to determine: (a) that the development is substantially the same as approved on the preliminary plat or map, (b) that there has been compliance with provisions of the law and of this title, and (c) that the plat or map is technically correct.

The city will make field checks to verify that the mapping is sufficiently correct and will enter the property without notice for this purpose. If it is determined that there has not been full conformity, the applicant shall be advised in writing of the changes or additions that must be made to bring the plat or map into conformance and an opportunity to make these changes must be given.

(4) Hearing – Final Plat or Map. No public hearing is required for approval of a final plat or map, unless substantial changes or modifications are to be made. In this case, a public hearing shall be held before the planning commission in accordance with the requirements of Chapter 17.300 CBMC.

(5) Decision – Final Plat or Map. The commission and/or the council shall review the final plan and written material supplied by the applicant, staff, and other agencies, and may approve it or direct the applicant to bring it in conformance with the approved preliminary plan. When making final review, the commission and/or council shall consider:

(a) If the plat or map conforms to the requirements of this title.

(b) If the plat or map conforms to the approved requirements of the preliminary plat.

Final approval of the plat or map shall be indicated by the signature of the mayor of the city. If approval cannot be made at that time, the council shall advise the applicant of the changes or additions that must be made and afford the applicant an opportunity to make them.

(6) Filing – Final Plat or Map. 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. 93 § 5.16.7, 1987].

17.335.080 Structural permits.

Upon filing the final plat or map, building and structural permits may be issued by the public works and development department. The applicant shall be required, however, to present written verification from the public works and development department and from the water board that sewer and water service is available to the subject lot(s). [Ord. 93 § 5.16.8, 1987].

17.335.090 Acceptance of improvements.

Approval of the final plat or 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 (CBMC 17.335.060), the applicant shall submit the following record drawings to the public works and development department:

(1) One copy of street and sanitary/storm sewer plan profiles.

(2) One mylar of the certified post-monumentation plan.

Public works and development shall review the material, indicate approval of the post-monumentation by signing the affidavit on the final plat or map, and recommend to the city council that a resolution be passed confirming final acceptance of all public improvements. [Ord. 93 § 5.16.9, 1987].