Chapter 16.20 PARTITIONS

Chapter 16.20
PARTITIONS

Sections:

16.20.010 Creation of a public street not in a subdivision.

16.20.020 Creation of a private street not in a subdivision.

16.20.010 Creation of a public street not in a subdivision.

Streets created for the purpose of partitioning land shall conform to the same requirements as those for streets in subdivisions; provided, that the planning commission may approve the creation of a street to be established by deed without full compliance with the regulations applicable to subdivisions if any of the following conditions exist:

A. The establishment of the street is initiated by the council or board of county commissioners and is declared essential for the purpose of general traffic circulation and the partitioning of land is an incidental effect rather than the primary objective of the street.

B. The tract in which the street is to be dedicated is a major partition within an isolated ownership either of not over one acre or of such size and characteristics as to make it impossible to develop building sites of more than three dwelling units.

1. In those cases where approval of a street is to be without full compliance with the regulations applicable to subdivisions, a copy of the tentative plan and the proposed deed shall be submitted to the city planning director at least 15 days prior to the planning commission meeting at which consideration is desired. The deed for the street, and any supporting information, shall be reviewed by the planning commission and, if the commission finds that the proposal is not in conflict with the standards of Chapter 16.28 EPMC, the deed and street proposal shall be approved with such conditions as are necessary to preserve these standards. [Ord. 9-91 § 1 (Exh. A § 17), 1990; Ord. SB/PS-86-1 § 1 (Exh. A § 17), 1986; Ord. 9-57 § 1 (Exh. A § 18), 1981].

16.20.020 Creation of a private street not in a subdivision.

A street which is created in order to allow the partitioning of land for the purpose of transfer of ownership or building development, whether immediate or future, shall be in the form of a street in a subdivision or as provided in EPMC 16.20.010; except, that a private street shall be approved by the planning commission provided it is the only reasonable method by which the rear portion of an unusually deep land parcel of a size to warrant partitioning into not over two parcels may be provided with access. A copy of the tentative plan for the partition, and the deed for the proposed street, shall be submitted to the city planning director at least 15 days prior to the planning commission meeting at which consideration is desired. The deed for the street, and any supporting information, shall be reviewed by the planning commission, which shall approve the proposal if it finds that: adequate utility access is provided; the proposed street is sufficient in size and manner of construction considering the location and projected traffic loads; and adequate provision has been made for maintenance of the street. [Ord. 9-91 § 1 (Exh. A § 18), 1990; Ord. SB/PS-86-1 § 1 (Exh. A § 18), 1986; Ord. 9-57 § 1 (Exh. A § 19), 1981].

16.20.030 Partitioning procedures.

Partitions shall be approved under the following procedures:

A. Application for a partition shall be to the city planning director, on such form as shall be prescribed. As part of this application, applicants shall submit five copies of a tracing of a tentative partition plan 18 by 24 inches in size, drawn by a registered Oregon professional land surveyor, containing the information listed below. The plan must be submitted at least 15 days before the public hearing at which it may be considered. If the planning director finds the application, including the tentative partition plan, to be incomplete, this shall constitute a rejection thereof, and the applicant shall be so notified in writing. The applicant shall then have 15 days to resubmit an application. If the planning director finds the application to be complete as to form, the applicant shall likewise be notified in writing.

B. The tentative partition plan shall include and show all of the information required of tentative subdivision plans by EPMC 16.08.030 and 16.08.040 (except for the requirement for showing a proposed name), replacing all references to “subdivision” with “partition,” together with such other information as may be required by the planning commission.

C. The tentative partition plan shall be submitted for planning commission review and determination whether the proposal complies with this title. Notice of the public hearing shall be given in the same manner as for subdivisions.

D. The commission may require dedication of land and easements and may specify conditions or modifications in the tentative plan as necessary. In no event, however, shall the commission require greater dedications or conditions than could be required if the tract were subdivided.

E. Partition requirements for improvements, bonding, and design standards shall be the same as for subdivision.

F. The provisions of EPMC 16.08.080 apply to review of partitions.

G. If the parcel of land to be partitioned exceeds five acres and is being partitioned into more than two parcels within a year, any one of which is less than one acre, full compliance with all requirements for a subdivision may be required if the planning commission should determine that the entire parcel being partitioned is in the process of being divided into small parcels.

H. After a tentative partition plan has been rejected, approved or conditionally approved, the applicants shall be notified in writing of the action taken. If the plan is rejected, or if the applicant objects to the conditions for approval, appeal may be made to the city council in accordance with EPMC 16.36.010. The action of the council shall be accompanied by findings of fact in accordance with state and local law, and shall occur no more than 120 days after the application has been found to be complete.

I. Following approval or conditional approval, the applicant may prepare and submit to the planning director a final partition plat, in accordance with any required conditions, showing all of the information required for, and in the form of, final subdivision plats by EPMC 16.16.010(B) through (I), (L), and (N) through (P) and EPMC 16.16.020 (all items, if applicable). Review and filing of the final partition plat shall be as provided by EPMC 16.16.030 and 16.16.040, for final subdivision plats. For purposes of this section, all references in EPMC 16.16.010 through 16.16.040 to “subdivision(s),” “subdivided,” and “subdivider” shall be replaced with “partition(s),” “partitioned” and “applicant,” respectively. [Ord. 9-91 § 1 (Exh. A § 19), 1990; Ord. SB/PS-86-1 § 1 (Exh. A § 19), 1986; Ord. 9-62 §§ 1, 2, 1982; Ord. 9-57 § 1 (Exh. A §§ 20, 21), 1981].

16.20.040 Boundary line adjustments.

A. Boundary line adjustments shall be subject to the same regulations and procedures as partitions, except that adjustments affecting 25 percent or less of the parent lot(s) may be approved by ministerial action of the planning director, where they will have a significant impact on the development pattern of the area.

B. The mailing radius for notice to property owners shall be 100 feet, except no notice shall be required with ministerial approvals. [Ord. 9-91 § 1 (Exh. A § 20), 1990; Ord. SB/PS-86-1 § 1 (Exh. A § 20), 1986].