Chapter 17.10
PROCEDURE FOR SUBDIVIDING
Sections:
17.10.020 Applications and filing fee.
17.10.050 Notice of public hearing before planning commission to consider the subdivision plan.
17.10.060 Planning commission recommendation for subdivision plan approval.
17.10.070 Approval of subdivision plan by city council.
17.10.080 Modifications to subdivision plan approval.
17.10.100 Information on subdivision plat.
17.10.110 Agreement for public improvements.
17.10.120 Approval of the subdivision plat by the city.
17.10.130 Recording of subdivision plat.
17.10.010 Approval required.
A. No land may be subdivided or replatted except in accordance with this title.
B. The procedure for review and action on subdivision applications is intended to provide orderly and expeditious processing of such applications and to require conditions of development approval to protect the health and safety of the citizens. (Ord. 974 § 4 (Exh. A.2 § 210), 1998)
17.10.020 Applications and filing fee.
A. The applicant shall discuss the preliminary plans with the public works superintendent in a pre-application conference prior to submitting an application. Following the preapplication conference, the applicant shall prepare and submit a city of Rainier development application, available from the public works superintendent.
B. The application shall contain:
1. The proposed plat name, approved by the county surveyor;
2. The name(s), address(es) and telephone number(s) of the property owner(s) and applicant(s), and, when applicable, the name and address of the design engineer or surveyor;
3. The signature(s) of the property owner(s) and applicant(s); and
4. The site location by address and current county tax assessor’s map and tax lot number(s).
C. The subdivision application shall be submitted to the public works superintendent, along with:
1. The subdivision plan;
2. Preliminary utility plans for streets, water, sanitary sewer and storm drainage; and
3. Other supplementary material as may be required, such as deed restrictions or, for all nonbuildable areas or tracts to be dedicated or reserved for public use, a statement of ownership, use, covenants, conditions, limitations and responsibility for maintenance.
D. The following general information shall be shown on the subdivision plan:
1. Appropriate identification clearly stating the map is a subdivision plan;
2. Proposed plat name, approved by the county surveyor;
3. The name(s), address(es) and telephone number(s) of the property owner(s) and applicant(s), and when applicable, the name and address of the design engineer or surveyor;
4. The date the plan was prepared;
5. North arrow;
6. Scale of drawing;
7. Location of the subdivision by one-quarter section, township and range;
8. Existing streets (public and private), including location, name, centerline, right-of-way and pavement width on and abutting the site, and the location of existing and proposed access points;
9. Proposed streets (public and private), including location, centerline, right-of-way and pavement width, approximate radius of curves and approximate grades of proposed streets on the subject property and within 300 feet of the site;
10. An outline plan demonstrating that the adjacent property can be divided in the future in a manner that is consistent with the subdivision plan, and illustrating the connections to transit routes, pedestrian and bike facilities, and accessways to adjacent properties;
11. Easements, including location, width and purpose of all recorded and proposed easements in or abutting the site;
12. Public utilities, including the approximate location, size and grade of all existing and proposed sanitary sewers, the approximate location, size and grade of on-site and off-site storm drainage lines, and the approximate location and size of water lines;
13. Flood areas, including the location of any floodplain, drainage hazard areas and other areas subject to flooding or ponding;
14. Natural resources, including the location of natural features, such as rock outcroppings, wetlands, watercourses, creeks, wooded areas and trees having a trunk diameter of eight inches or greater, as measured at a point four feet above ground level, proposed to be removed and to be retained on site;
15. Approximate lot dimensions, including all existing property lines and their lengths and the approximate location and dimensions of all proposed lots;
16. Approximate area of each lot;
17. Proposed lot numbers;
18. Existing structures, including the location and present use of all structures, wells and septic tanks on the site and an indication of which structures, wells and septic tanks are to remain after platting; indicate all city-designated historic landmarks;
19. All lots and tracts of land intended to be dedicated or reserved for public use;
20. A vicinity map showing a minimum one-mile radius;
21. Contour lines with intervals at a minimum of two feet for slopes up to five percent and five feet for slopes over five percent; and
22. Other information required by the public works superintendent, including, but not limited to, a traffic impact study and/or a geotechnical study.
E. The subdivision application shall be accompanied by a nonrefundable fee as established by city council resolution. The subdivision application shall not be deemed complete until the fee has been paid to the city. The public works superintendent shall not schedule a public hearing for planning commission or city council consideration of the subdivision application or any part thereof until the fee required by this section has been paid. This fee is not intended to apply towards any building permit fees that may later be required.
F. The applicant shall submit, along with the subdivision application:
1. A mailing list in accordance with the notice requirements of the Rainier zoning code for quasi-judicial hearings.
2. A verified statement showing that one or more signs, as directed by the public works superintendent, have been posted on the property in a conspicuous location which indicates that a subdivision proposal has been submitted to the city and the name of a person or persons who may be contacted in order to inquire about specific aspects of the proposal. The sign size, copy size, copy content, height, location, and maintenance shall be determined by the public works superintendent with the objective of providing members of the public passing the site with reasonable notice, such that an interested person would have an opportunity to inquire further.
G. Unless otherwise specified in the subdivision application, or approval, or in express direction from the public works superintendent, any material submitted by the applicant with a subdivision application which exceeds the requirements of this title shall be considered a part of the subdivision plan approval.
H. The applicant has the burden of demonstrating compliance with the applicable development regulations.
I. The applicable time period for action on the subdivision application shall not commence until the public works superintendent has determined that the application is complete.
1. In the event such determination of completeness is not made within 30 days of the date of its submission, or resubmission, the subdivision application shall be deemed complete upon the expiration of the 30-day period for purposes of commencing the applicable time period, unless:
a. The application lacks information required to be submitted;
b. The required fees have not been submitted; or
c. The public works superintendent has notified the applicant in writing of the deficiencies in the application within 30 days of submission of the subdivision application.
2. The planning commission or city council may subsequently require correction of any information found to be in error or submission of additional information not specified in this title, as the planning commission or city council deems necessary to make an informed decision, though such additional or corrected information will result in extending the applicable time period for action by the city.
J. The public works superintendent shall prepare the standard form of development application for subdivision plans, including provisions which will best accomplish the intent of this section. (Ord. 974 § 4 (Exh. A.2 § 220), 1998)
17.10.030 Phasing.
A. Subject to the approval by the city pursuant to this section, an applicant may create a subdivision plat or construct the public improvements for a subdivision plat in phases. If the applicant intends to utilize this phasing option the applicant shall submit a phasing plan to the public works superintendent for approval along with the subdivision application and plan. The timing of the completion of the public improvements and the conditions of development shall be determined by the city council.
B. All public improvements in each phase shall be constructed by the applicant.
1. Prior to issuance of building permits in a particular phase, the public improvements necessary to provide adequate public facilities for the particular phase shall be substantially complete.
2. When the public works superintendent has determined the public improvements in the particular phase are substantially complete and prior to acceptance of the improvements by the city, 50 percent of the building permits may be issued prior to acceptance of the improvements by the city as set forth in RMC 17.10.110.
3. The public improvements shall first be accepted by resolution of the city council before building permits exceeding 50 percent may be issued in a particular phase.
4. Public improvements may be submitted for city acceptance by phase.
C. The subdivision plan approval for the first phase shall expire 12 months from the date of subdivision plan approval by resolution of the planning commission. Future phases shall expire 12 months after the date of recording of the subdivision plat of the immediately preceding phase. (Ord. 974 § 4 (Exh. A.2 § 230), 1998)
17.10.040 Review process.
A. Before approval may be granted on a subdivision application, it shall first be established that the subdivision proposal conforms to the Rainier comprehensive plan, RMC Title 18, the public improvements requirements contained in Chapter 17.30 RMC, the public works design standards and other applicable city ordinances and regulations. Failure to conform is sufficient reason to deny the application.
B. Prior to the public works superintendent issuing a recommended decision on the subdivision application the applicant shall obtain any required use approvals, including but not limited to comprehensive plan text or map amendment, zoning ordinance text or map amendment, variance and conditional use permit.
C. After the subdivision application is deemed complete, the public works superintendent shall provide one copy of the subdivision plan and supplemental material to, and invite comments from:
1. Governmental agencies, including the Rainier School District, the Rainier rural fire protection district, the Oregon Department of Transportation and Columbia County;
2. Utility companies;
3. City departments; and
4. Any other parties expressing any interest in the application.
D. Failure of the city to send the information set forth in subsection C of this section to a person or agency, or failure of a person or agency to receive such information, shall not invalidate any proceeding in connection with the development application.
E. Prior to the public hearing the public works superintendent may conduct one or more review meetings with the applicant, governmental agencies, utility companies and any other interested parties.
F. The approval of a subdivision application shall not automatically grant any other approvals which may be required by city ordinances or regulations. (Ord. 974 § 4 (Exh. A.2 § 240), 1998)
17.10.050 Notice of public hearing before planning commission to consider the subdivision plan.
A. Before recommending an action upon a subdivision application the subdivision plan, or material amendment thereto, shall be considered by the planning commission at a quasi-judicial evidentiary hearing under the provisions of RMC Title 18.
B. Notice of and the procedures for the conduct of the hearing shall be given in accordance with provisions of RMC Title 18 for quasi-judicial evidentiary hearings. (Ord. 974 § 4 (Exh. A.2 § 250), 1998)
17.10.060 Planning commission recommendation for subdivision plan approval.
A. A subdivision application shall not be approved unless the planning commission first finds that adequate public improvements are, or will be, made available to serve the proposed subdivision.
B. The planning commission may recommend to the city council approval, approval with conditions, or denial of the application based upon demonstrated compliance with applicable city regulations. The planning commission decision shall be supported by written findings and reasons for the decision. Findings and reasons may consist of references to the applicable zoning title provisions, other ordinance provisions or special studies.
C. One copy of the subdivision plan and resolution setting forth the recommendation of the planning commission shall be forwarded to the city council for final action. (Ord. 974 § 4 (Exh. A.2 § 260), 1998)
17.10.070 Approval of subdivision plan by city council.
A. The city council shall take action on the planning commission recommendation by means of adoption of a resolution approving, approving with conditions or modifications, or denying the subdivision application.
B. Upon request by the applicant, the city council shall hold a public hearing on the application. At such hearing, the applicant’s requests for modifications to the planning commission recommendation may be considered.
C. Irrespective of any request by the applicant, the city council may, at its discretion, hold a public hearing on approval of the application.
D. The city council decision to approve the subdivision application shall expire 12 months from the date the resolution is adopted. The applicant may request an extension of a prior approval that has expired and an extension may be granted for up to two years.
E. A subdivision plan approval may include restrictions and conditions. These restrictions and conditions shall be reasonably conceived to:
1. Protect the public from the potentially deleterious effects of the proposal;
2. Fulfill the need for public facilities and services created by the proposal, or increased or in part attributable to the impacts of the proposal;
3. Further the implementation of the requirements of the Rainier comprehensive plan and RMC Title 18. (Ord. 1020 (Exh. A), 2005; Ord. 974 § 4 (Exh. A.2 § 261), 1998)
17.10.080 Modifications to subdivision plan approval.
A. After the city council has by resolution approved, or conditionally approved, the subdivision plan, but before the subdivision plat has been approved, any proposed modifications to the subdivision plan shall be submitted to the public works superintendent for approval. The public works superintendent shall determine if the proposed modifications are material or immaterial in nature. Any proposed modification that is determined to be material in nature, or which results in a subdivision plan that no longer meets the conditions of the subdivision plan approval or the requirements of this title and other applicable regulations, shall require a new application in accordance with RMC 17.10.020. The application shall be presented to the planning commission at a public hearing in accordance with RMC 17.10.050.
B. The nonrefundable fee for modification of the subdivision plan approval as established by resolution of the city council shall be submitted with the request for modification. (Ord. 974 § 4 (Exh. A.2 § 262), 1998)
17.10.090 Subdivision plat.
A. Within 12 months after approval of the subdivision plan, the applicant shall cause the subdivision, or any approved phase thereof, to be surveyed and a subdivision plat prepared in conformance with the approved subdivision plan.
B. Within 12 months after approval of the subdivision plan, the applicant shall submit the subdivision plat, financial assurances, where applicable, and all supplemental information to the public works superintendent and receive the approval of the city.
C. If the applicant has not submitted the subdivision plat, financial assurances, where applicable, and all supplemental information to the public works superintendent not less than 30 days before such 12-month period expires, the subdivision plan approval shall expire at the end of said 12 months. (Ord. 974 § 4 (Exh. A.2 § 270), 1998)
17.10.100 Information on subdivision plat.
A. In addition to information otherwise specified by ORS Chapter 92, the following information shall be submitted on the subdivision plat:
1. Plat name, date, north arrow, scale of drawing, and legend;
2. The location, width and centerline of all streets, recorded easements and accessways intercepting the boundary of the site;
3. All existing and proposed easements shall be shown and shall be clearly identified as to intended purpose; easement width, length and bearing shall be shown; and sufficient ties to locate the easement with respect to the plat shall be shown;
4. The width of the portion of any street being created; the width of any existing right-of-way; new and existing streets shall be identified by the approved street names;
5. Identification of land to be dedicated or reserved for any purpose, public or private, to distinguish it from lots intended for conveyance and building purposes;
6. A declaration as required by ORS 92.075; and
7. Plat restrictions required in the subdivision plan approval.
B. Supplemental information with the subdivision plat shall include:
1. Any deed restrictions;
2. Dedication deeds requiring separate documents;
3. Copies of instruments conveying or dedicating property or interests to the county, the state of Oregon or other public agency, if not conveyed by the plat;
4. When required, written certification by the applicant’s engineer that private streets have been constructed in accordance with the subdivision plan approval and city standards; and
5. Provisions for access to and maintenance of drainage ditches not located within public streets, if any. (Ord. 974 § 4 (Exh. A.2 § 272), 1998)
17.10.110 Agreement for public improvements.
A. Where the applicant wishes to submit the subdivision plat for city acceptance prior to installing all required public improvements pursuant to the subdivision plan approval and subdivision regulations, the applicant shall submit a compliance agreement and written assurances, as set forth in this section, to the public works superintendent.
B. The applicant shall submit for city approval, a compliance agreement between the owner and the city whereby the owner promises to complete the required public improvements relating to the subdivision in accordance with city regulations within a specified time period in exchange for which the city approves the subdivision plat in advance of completion of all required public improvements.
C. In addition to the compliance agreement, the applicant shall submit one of the following types of assurance:
1. A corporate surety bond issued by a surety company authorized to transact business in the state of Oregon;
2. A cash deposit; or
3. Cash in escrow.
D. Such assurance of full and faithful performance of said compliance agreement shall be for a sum approved by the public works superintendent as sufficient to cover 100 percent of the cost of completing the required public improvements by the city in the event the applicant fails to construct such improvements in accordance with the compliance agreement and city regulations. The costs of city completion of public improvements include, but are not limited to:
1. Related engineering;
2. Right-of-way acquisition;
3. Easement acquisition and public contracting costs;
4. Labor and materials; and
5. Incidental expenses.
E. In the event the applicant fails to perform all provisions of the compliance agreement, the city is authorized, but not required, to complete unfinished or improperly constructed portions of the required public improvements and to use the assurance for reimbursement to cover the city’s costs, including bringing any necessary action to collect such funds.
1. If the amount of the bond or cash deposit exceeds the cost and expense incurred by the city to satisfy the provisions of the compliance agreement upon the applicant’s failure to do so, the city shall release the balance.
2. If the amount of the bond, cash deposit, or cash in escrow is less than the costs so incurred by the city, the applicant shall be liable to the city for such additional costs. The city shall have a lien on the subdivision still owned by the owner in an amount which represents the difference between the city costs and the amount received by the city pursuant to the applicant’s assurance.
F. If the applicant fails to perform under the provisions of the compliance agreement the city may, as an additional but not exclusive remedy, refuse to issue additional building permits for properties within the subdivision.
G. The public works superintendent shall prepare standard forms of compliance agreement and escrow agreement, including provisions which will best accomplish the intent of this section. Use of such forms by the applicant in accordance with this section are presumed to be satisfactory to the city. (Ord. 974 § 4 (Exh. A.2 § 274), 1998)
17.10.120 Approval of the subdivision plat by the city.
A. Upon receipt by the public works superintendent, the subdivision plat and related materials shall be reviewed for compliance with the subdivision plan approval and applicable regulations.
B. The public works superintendent shall determine whether the applicant has complied with one of the following alternatives:
1. All public improvements have been installed in accordance with city regulations and accepted by the city council; or
2. A compliance agreement has been entered into by the applicant and acceptable assurance has been submitted and accepted by the city as set forth in RMC 17.10.110.
C. If the public works superintendent determines that the subdivision plat conforms with the subdivision plan approval and other requirements, disregarding immaterial changes, the mayor and city recorder shall be so advised. The mayor may then approve the subdivision plat by signing it without further action by the planning commission.
D. If the subdivision plat is not in full conformance with the approved subdivision plan and applicable regulations, it shall be returned to the applicant for revision and resubmittal.
E. A Type II decision procedure is required prior to approval of the final subdivision plat. (Ord. 1020 (Exh. A), 2005; Ord. 974 § 4 (Exh. A.2 § 276), 1998)
17.10.130 Recording of subdivision plat.
A. After approval by the mayor, the public works superintendent shall return the subdivision plat and other related materials to the applicant, who shall transmit them to the county surveyor.
B. After the county surveyor determines the final subdivision plat and related materials fully conform with state and county requirements, and receives payment of the required fees for such service, the county surveyor will approve the plat and deliver it to the county recorder’s office.
C. No building permits shall be issued until the applicant obtains and delivers to the public works superintendent a mylar copy of the subdivision plat showing that it has been officially approved by the county surveyor and recorded. (Ord. 974 § 4 (Exh. A.2 § 278), 1998)