|
City of Columbia City 1840 Second Street, PO Box 189, Columbia City, OR 97018 (503) 397-4010 |
||
Chapter 7.154
LAND DIVISION
SUBDIVISION
7.154.010
Purpose. The purpose of this Chapter is to provide rules, regulations and
standards governing the approval of plats of subdivisions, to carry out the
development pattern and plan of the City, to promote the public health, safety
and general welfare, to lessen congestion in the streets, and secure safety
from fire, flood, pollution and other dangers, to provide adequate light and
air, prevent overcrowding of land, and facilitate adequate provision for
transportation, water supply, sewage and drainage; and to encourage the
conservation of energy resources.
7.154.020
General Provisions.
A. An application for a subdivision shall be
processed through a two-step process: the tentative plan and the final plat:
1. The tentative plan shall be approved by the
Planning Commission before the final plat can be submitted for approval
consideration; and
2. The final plat shall be approved by the
Planning Director and shall reflect all conditions of approval of the tentative
plan.
B. All subdivision proposals shall be in
conformity with all state regulations set forth in ORS Chapter 92, Subdivisions
and Partitions.
C. When subdividing tracts into large lots,
the Planning Commission shall require that the lots be of such size and shape
as to facilitate future re-division in accordance with the requirements of the
zoning district and this Ordinance.
D. All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical and water systems
located to minimize flood damage and constructed according to public works
design standards and specifications.
7.154.030
Administration and Approval Process.
A. Subdivision proposals shall be processed
according to the procedures in Chapter 7.164, Limited Land Use Decisions.
.
B. Final action on the tentative plan,
including the resolution of all appeals and review on the land division
application, shall be taken within one hundred twenty days after the
application is deemed complete.
C. The Planning Director shall:
1. Schedule
a limited land use decision pursuant to Chapter 7.164 to be held by the
Planning Commission within sixty days from the time the complete application is
filed and shall provide a notice of the hearing;
2. Furnish one copy of the proposed tentative
plan to the City Engineer;
3. Furnish one copy of the tentative plan and
supplemental material to:
a. Columbia County Road Department if the
proposed subdivision is adjacent to a County road and access to the County road
is desired by the applicant;
b. The Oregon Department of Transportation
(ODOT), if the proposed subdivision is adjacent to Highway 30 and access to
Highway 30 is desired by the applicant;
c. Columbia River Fire and Rescue District;
d. The St. Helens School District;
e. Any other affected agencies as identified
by the Planning Director.
4. Incorporate all staff recommendations into
a report to the Planning Commission.
D. The Planning Director shall mail notice of
the tentative plan proposal to persons who are entitled to notice.
E. The Planning Commission shall approve,
approve with conditions, or deny any application for tentative plan. The Planning Commission shall apply the
standards set forth in Section 7.154.040 when reviewing an application for a
subdivision.
7.154.040
Approval Standards--Tentative Plan.
A. The Planning Commission may approve,
approve with conditions or deny a tentative plan based on the following
approval criteria:
1. The proposed tentative plan complies with
the City's Comprehensive Plan, the applicable chapters of this Ordinance, and
other applicable ordinances and regulations;
2. The proposed plat name is not duplicative
or otherwise satisfies the provisions of ORS Chapter 92[.090(1)]; and
3. All public improvements comply with Chapter
7.92.
B. The Planning Commission may attach such
conditions as are necessary to carry out the Comprehensive Plan and other
applicable ordinances and regulations and may require reserve strips be granted
to the City for the purpose of controlling access to adjoining undeveloped
properties.
7.154.050
Application Submission Requirements-- Tentative Plan.
A. All applications shall be made on forms
provided by the City and shall be accompanied by:
1. Three full size copies of the tentative
plan map and required data or narrative and one 11" X 17" copy of the
tentative plan and required data or narrative;
2. The applicable County Assessor Map.
B. The tentative plan map and data or
narrative shall include the following:
1. Sheet size for the tentative plan shall not
exceed eighteen inches by twenty-four inches;
2. The scale shall be an engineering scale,
and limited to one phase per sheet;
3. Vicinity map showing the general location
of the subject property in relationship to arterial and collector streets;
4. Names, addresses and telephone numbers of
the owner, developer, engineer, surveyor and designer, as applicable;
5. The date of application;
6. The assessor's map and tax lot number and a
legal description sufficient to define the location and boundaries of the
proposed subdivision;
7. The boundary lines of the tract to be
subdivided;
8. The names of adjacent subdivisions or the
names of recorded owners of adjoining parcels of unsubdivided land;
9. Existing contour lines related to a City
established benchmark at two-foot intervals for grades zero to ten percent and
five-foot intervals for grades over ten percent;
10. The purpose, location, type and size of all
the following (within and adjacent to the proposed subdivision) existing and
proposed:
a. Public and private rights-of-way and easements,
b. Public and private sanitary and storm sewer
lines, domestic water mains including fire hydrants, gas mains, major power
(fifty thousand volts or better), telephone transmission lines, and
watercourses, and
c. Deed reservations for parks, open spaces,
pathways, tree conservation easements, and any other land encumbrances;
11. Approximate plan and profiles of proposed
sanitary and storm sewers with grades and pipe sizes indicated and plans of the
proposed water distribution system, showing pipe sizes and the location of
valves and fire hydrants;
12. Approximate centerline profiles showing the
finished grade of all streets including street extensions for a reasonable
distance beyond the limits of the proposed subdivision;
13. Scaled cross sections of proposed street
rights-of-way;
14. The location of all areas subject to
inundation or stormwater overflow, and the location, width and direction of
flow of all watercourses and drainageways;
15. The proposed lot configurations, approximate
lot dimensions and lot numbers. Where
lots are to be used for purposes other than residential, it shall be indicated
upon such lots;
16. The existing use of the property, including
location of all structures and present use of the structures, and a statement of
which structures are to remain after platting;
17. Supplemental information including proposed
deed restrictions, if any, proof of property ownership, and a proposed plan for
provision of subdivision improvements;
18. Existing natural features including
waterways, rock outcroppings, wetlands and marsh areas.
C. If any of the foregoing information cannot
practicably be shown on the tentative plan, it shall be incorporated into a
narrative and submitted with the application.
7.154.060
Application Submission Requirements--Final Plat. Unless otherwise
provided in Section 7.154.020, the applicant shall submit final plat and two
copies to the planning director within one (1) year of the final decision on
the tentative plan and the final plat shall comply with the approved tentative
plan.
7.154.070
Approval Criteria-- Final Plat.
A. The Planning Director shall review the
final plat and shall approve or deny the final plat approval based on findings
that:
1. The final plat complies with the plat
approved by the Planning Commission and all conditions of approval have been
satisfied;
2. The streets and roads for public use are
dedicated without reservation or restriction other than revisionary rights upon
vacation of any such street or road and easements for public utilities;
3. The streets and roads held for private use
and indicated on the tentative plan of such subdivision have been approved by
the City;
4. The plat contains a donation to the public
of all common improvements, including but not limited to streets, roads, parks,
storm drainage, sewage disposal, and water supply systems;
5. An explanation is included which explains
all of the common improvements required as conditions of approval and are in
recordable form and have been recorded and referenced on the plat;
6. The final plat complies with the applicable
zoning ordinance and other applicable ordinances and regulations;
7. A certificate has been provided by the City
Engineer that municipal water and sewer will be available to the property line
of each and every lot depicted in the proposed plat;
8. Copies of signed deeds have been submitted
granting the City a reserve strip as provided by Section 7.154.040(B);
9. The final plat has been made in black India
ink, or silver halide and is eighteen inches by twenty-four inches in size on
four mil double matted mylar;
10.
The lettering of the entire plat is of such size and type
as approved by the County Surveyor, and the plat is at such a scale as will be
clearly legible, but no part shall come nearer any edge of the sheet than one
inch;
11. If there are three or more sheets, a face
sheet and index has been provided;
12. The final plat contains a surveyor's
affidavit by the surveyor who surveyed the land represented on the plat to the
effect the land was correctly surveyed and marked with proper monuments as
provided by ORS Chapters 92.050 and 92.060 and indicating the initial point of
the survey, and giving the dimensions and kind of such monument, and its
reference to some corner established by the U.S. Survey or a lot corner of
recorded subdivision or partition;
13. The final plat contains an affidavit for
signature by the Mayor accepting street rights-of-way and street improvements
for jurisdiction and maintenance by the City and accepting dedications of
property to the City;
14. The final plat contains an affidavit for
signature by the City Engineer certifying that the final plat meets the
requirements of the public works design standards for all improvements to be
maintained by the City;
15. The final plat shall not contain any
information or be subject to any requirements that is or may be subject to
administrative change or variance ((ORS 92.050 (11)).
B. The acceptance by the City for maintenance
and jurisdiction shall follow approval of the completed improvements.
7.154.080
Centerline Monumentation--Monument Box Requirements.
A. The centerlines of all street and roadway
rights-of-way shall be monumented and recorded before City acceptance of street
improvements; and the following centerline monuments shall be set:
1. All centerline-centerline intersection
points;
2. All cul-de-sac center points;
3. Curve points, beginning and ending points
(point of curvature (P.C.) and point of tangency (P.T.); and
4. The beginning and end of each new street.
B. Monument boxes conforming to City standards
will be required around all centerline intersection points and cul-de-sac
center points; and the tops of all monument boxes will be set to finished
pavement grade.
7.154.090
Improvement Agreement.
A. If the applicant seeks approval of the
final plat prior to completion of the required infrastructure improvements,
before City approval is certified on the final plat, and before approved
construction plans are issued by the City, the applicant shall:
1. Execute and file an agreement with the City
specifying the period within which all required improvements and repairs shall
be completed; and
2. Include in the agreement provisions that if
such work is not completed within the period specified, the City may complete
the work and recover the full cost and expenses from the declarant.
B. The agreement shall stipulate improvement
fees and deposits as may be required to be paid and may also provide for the
construction of the improvements in stages and for the extension of time under
specific conditions therein stated in the contract.
7.154.100 Bond--Cash Deposit.
A. As required by Section 7.154.090, the
declarant shall file with the agreement an assurance of performance supported
by one of the following:
1. A surety bond
executed by a surety company authorized to transact
business in the State of
Oregon which remains in force until the surety company is notified by the City
in writing that it may be terminated; or
2. Cash.
B. The assurance of performance shall be for a
sum equal to
one hundred twenty-five (125) percent of the estimated cost of the improvements
as determined by the City Engineer as required to cover the cost of
the improvements and repairs, including related engineering and incidental
expenses.
C. The declarant shall furnish to the City an
itemized improvement estimate, certified by a registered civil engineer, to
assist the City in calculating the amount of the performance assurance.
D. In the event the declarant fails to carry
out all provisions of the agreement and the City has unreimbursed costs or
expenses resulting from such failure, the City shall call on the bond or cash deposit.
E. The declarant shall not cause termination
of nor allow expiration of said guarantee without having first secured written
authorization from the City.
[As amended by Ordinance
No. 09-654-O 9/18/09]
7.154.110
Filing and Recording.
A. Within ten days of the City review and
approval, the applicant shall submit the final plat to the County for
signatures of County officials as required by ORS Chapter 92 and Section
7.154.070.
B. Within fifteen days of recording, the
applicant shall submit a plain paper copy of the recorded final partition plat,
a reproducible copy no greater than 11” X 17” and a computer-aided drafting
program (such as CAD) copy of the final partition plat to the City. No building permits shall be issued until
the City receives these copies.
7.154.120
Prerequisites to Recording the Plat.
A. No plat shall be recorded unless all ad
valorem taxes and all special assessments, fees, or other charges required by
law to be placed on the tax roll have been paid in the manner provided by ORS
92.095.
B. No plat shall be recorded until it is
approved by the County Surveyor in the manner provided by ORS 92.
7.154.130
Vacation of Plats.
A. Any plat or portion thereof may be vacated
by the owner of the platted area at any time prior to the sale of any lot
within the platted subdivision.
B. All applications for a plat or street
vacation shall be made in accordance with Sections 7.154.020, 7.154.030 and
7.154.080(A).
C. The application may be denied if it
abridges or destroys any public right in any of its public uses, improvements,
streets or alleys.
D. All approved plat vacations shall be
recorded in accordance with Section 7.154.110:
1. Once recorded, the vacation shall operate
to eliminate the force and effect of the plat prior to vacation; and
2. The vacation shall also divest all public
rights in the streets, alleys and public grounds, and all dedications laid out
or described on the plat.
E. When lots have been sold, the plat may be
vacated in the manner herein provided by all of the owners of lots within the
platted area.
7.154.140
Vacation of Streets. All street vacations shall comply with the
procedures and standards set forth in ORS Chapter 271 and any applicable City
ordinance or regulation.