Chapter 17.05
SUBDIVISIONS AND PARTITIONS

Sections:

17.05.010    Title.

17.05.015    Definitions.

17.05.020    Purpose.

17.05.030    Scope.

17.05.040    Sale prohibited.

17.05.050    Building permits and improvements prohibited.

17.05.060    Conditions.

17.05.070    Survey requirements.

17.05.080    Violations and penalties.

17.05.010 Title.

This title shall be known as the “Monmouth Subdivision Regulations” and may be so pleaded. (Code 1983 § 97.005.)

17.05.015 Definitions.

The definitions of terms set forth in Section 18.45.010 of the Monmouth Zoning Ordinance shall apply to terms as used in this title. (Ord. 1408, § 1 (Exh. A), May 2, 2023.)

17.05.020 Purpose.

The purpose of this title, “Monmouth Subdivision Regulations,” is to establish standards and procedures for land divisions in the City. These regulations are necessary to provide uniform procedures and standards for the subdivision and partition of land, to provide the proper construction and arrangement of streets, utilities and public facilities, to coordinate development, to avoid undue congestion of population, to provide adequate light and air including protection and assurance of access to incident solar radiation for potential future use, to assure adequate sanitation and water supply, to provide for orderly development and conservation of land, to protect the general health, safety and welfare and to implement the Comprehensive Plan of the City of Monmouth, Oregon. (Code 1983 § 97.010.)

17.05.030 Scope.

The criteria in this title apply to all land divisions in the City. (Code 1983 § 97.015.)

17.05.040 Sale prohibited.

No person shall sell any lot or parcel created by a land division until final approval of the land division has been granted by the City. Final approval of a land division occurs when the partition or subdivision plat is recorded with the County Clerk. (Code 1983 § 97.020.)

17.05.050 Building permits and improvements prohibited.

No building permit shall be issued for any lot or parcel created after the effective date of this title if such lot or parcel was not created in conformity with the criteria set out in this title. No excavation of land or construction of improvements shall be commenced except in conformity with this title. (Code 1983 § 97.025.)

17.05.060 Conditions.

The City may attach reasonable conditions to any approval it deems necessary to implement the provisions of this title and the Comprehensive Plan of the City, to ensure the general health, safety and welfare of residents of the City and to promote the economical and aesthetic development of land in the City. (Code 1983 § 97.030.)

17.05.070 Survey requirements.

Land division actions are subject to the requirement that the property be surveyed and monumented in accordance with State law and that a survey map be filed with the Polk County Surveyor. In addition, each partition or subdivision plat shall provide a space or signature line for the Planning Commission Chair and for the City Recorder to certify that the land division substantially complies with the Planning Commission’s decision. Unless otherwise directed, partition or subdivision plats shall be completed within 180 days of the Planning Commission’s decision. (Code 1983 § 97.035.)

17.05.080 Violations and penalties.

Violation of any provision of this title is punishable upon conviction by a fine not to exceed $500.00. Each day of a continuing violation constitutes a separate violation. (Code 1983 § 97.040.)