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(A) Approval criteria. The Planning Commission shall approve, approve with conditions, or deny a preliminary plat application. The Planning Commission decision shall be based on findings of compliance with all of the following approval criteria:
(1) All proposed lots, blocks, and proposed land uses shall conform to the applicable provisions of the underlying zoning, unless a variance is approved pursuant to this chapter;
(2) Access to individual lots, and public improvements necessary to serve the development, including but not limited to water, sewer, storm drainage, and streets, shall conform to the Public Works Design Standards Manual, to applicable city standards and the requirements of the respective service providers;
(3) The proposed streets, utilities, and water facilities conform to City of Banks Public Works Design Standards Manual, adopted public facility master plans and allow for logical transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications;
(4) The proposed plat name is not already recorded for another subdivision, and the plat is consistent with the provisions of O.R.S. Chapter 92;
(5) Subdivisions shall contain a minimum 15% open space except as modified by other provisions of this code. Open space areas meeting this standard include lands designated for public parks, trails, common areas maintained by homeowners' associations, and areas with protected natural resources. Open space shall be identified on the preliminary plat, and maintenance of such areas is assured through appropriate legal instrument;
(6) Evidence that any required state and federal permits, as applicable, have been obtained or can reasonably be obtained prior to the final plat;
(7) Evidence that improvements or conditions required by the city, road authority, Washington County, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met; and
(8) All proposed lots, except those reserved as common area or open space, contain sufficient buildable area for at least 1 dwelling, given existing natural features, if any, and the setback and lot coverage standards of the underlying zone.
(B) Conditions of approval. The Planning Commission may attach such conditions as are necessary to carry out provisions of this Code, and other applicable ordinances and regulations.
(Ord. 2021-08-02, passed 10-12-2021)
(Ord. 2021-08-02, passed 10-12-2021)
(A) Final plat required. Final plats require review and approval through a Type II review prior to recording with Washington County. The applicant shall submit an application for final plat approval within 4 years of the approval of the preliminary plat. A professional land surveyor licensed by the State of Oregon shall prepare the final plat, which shall conform to O.R.S. Chapter 92.
(B) Final plat approval process and criteria. The City Planning Official shall approve, approve with conditions, or deny a final plat application. The decision shall be based on findings of compliance with all of the following approval criteria:
(1) The final plat is consistent in design (e.g., number, area, dimensions of lots, easements, tracts, right-of-way) with the approved preliminary plat, and all conditions of approval have been satisfied;
(2) All public improvements required by the preliminary plat have been installed and approved by the city, or applicable service provider if different than the City of Banks, or are otherwise bonded with a financial guarantee in a form or amount acceptable to the City Attorney;
(3) The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities;
(4) All required streets, access ways, roads, easements, and other dedications or reservations are shown on the plat;
(5) The plat and deed contain a dedication to the public of all public improvements, including but not limited to streets, public pathways and trails, access reserve strips, parks, water, and sewer facilities, as applicable;
(6) As applicable, the applicant has furnished acceptable copies of covenants, conditions and restrictions (CC&R's); easements, maintenance agreements (e.g., for access, common areas, surface water facilities, parking, and the like); and other documents pertaining to common improvements recorded and referenced on the plat;
(7) Written verification from clean water services that sanitary sewer service is provided to every lot depicted on the plat and the development conforms to applicable surface water management and storm drainage requirements; and
(8) The plat contains an 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 O.R.S. Chapter 92, indicating the initial point of the survey, and giving the dimensions and kind of such monument and its reference to some corner approved by the Washington County Surveyor for purposes of identifying its location.
(Ord. 2021-08-02, passed 10-12-2021)
A new lot is not a legal lot for purposes of ownership (title), sale, lease, or development/land use until a final plat for the subdivision or partition containing the lot is recorded. Requests to validate an existing lot created through means other than a final plat ("lot of record") shall follow the procedures set forth in O.R.S. 92.010 - 92.190. The final plat filing and recording requirements are as follows:
(A) Filing plat with county. Within 60 days of the city approval of the final plat, the applicant shall produce required final hardcopy and electronic copies of said plat, obtain required signatures, and submit the final plat to Washington County for signatures of County officials and recording as required by O.R.S. Chapter 92.
(B) Proof of recording. Upon final recording with the county, the applicant shall submit to the city a mylar copy and 3 paper copies of all sheets of the recorded final plat. This shall occur prior to the issuance of building permits any newly created lot.
(C) Prerequisites to recording the plat.
(1) 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 O.R.S. Chapter 92.
(2) No plat shall be recorded until the County Surveyor approves it in the manner provided by O.R.S. Chapter 92.
(Ord. 2021-08-02, passed 10-12-2021)
Any plat or portion thereof may be re-platted or vacated upon approval of an application signed by all of the owners as appearing on the deed. Except as required for street vacations, the same procedure and standards that apply to the creation of a plat [preliminary plat followed by final plat) shall be used to re-plat or vacate a plat. Street vacations are subject to O.R.S. Chapter 271. A re-plat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys; or if it fails to meet any applicable city standards.
(Ord. 2021-08-02, passed 10-12-2021)
A property line adjustment is the modification of lot boundary when no lot is created. The Planning Commission reviews applications for property line adjustments pursuant with the administrative land use decision procedure under § 151.232. Administrative Review. The application submission and approval process for property line adjustments is as follows:
(A) Submission requirements. All applications for property line adjustment shall be made on forms provided by the city and shall include information required for a administrative land use review, pursuant with § 151.232 Administrative Review. The application shall include a preliminary lot line map drawn to scale identifying all existing and proposed lot lines and dimensions; footprints and dimensions of existing structures (including accessory structures); location and dimensions of driveways and public and private streets within or abutting the subject lots; location of lands subject to any flood hazard area overlay; existing fences and walls; and any other information deemed necessary by the Planning Commission for ensuring compliance with city codes. The application shall be signed by all of the owners as appearing on the deeds of the subject lots.
(B) Approval criteria. The Planning Commission shall approve or deny a request for a property line adjustment in writing based on all of the following criteria:
(1) Parcel creation. No additional parcel or lot is created by the lot line adjustment;
(2) Lot standards. All resulting lots and parcels conform to the applicable lot standards of the underlying zone, including lot area, dimensions, setbacks, and coverage. As applicable, all lots and parcels shall conform to any flood hazard area overlay requirements; and
(3) Access and road authority standards. All lots and parcels conform to the standards or requirements of § 151.174(E), and all applicable road authority requirements are met. If a lot is nonconforming to any city or road authority standard, it shall not be made less conforming by the property line adjustment.
(C) Recording property line adjustments.
(1) Recording. Upon the city's approval of the proposed property line adjustment, the applicant shall record the property line adjustment documents with Washington County within 60 days of approval and submit a copy of the recorded survey map to the city, to be filed with the approved application.
(2) Time limit. The city's approval of the property line adjustment expires if not recorded within 60 days of approval. They applicant shall submit a copy of the recorded property line adjustment survey map to the city within 15 days of recording and prior to any application being filed for a building permits on the reconfigured lots.
(Ord. 2021-08-02, passed 10-12-2021)
Any violation of this chapter or a provision of any permit or land use decision approved under the authority of this chapter is a civil infraction and a nuisance, enforceable under the provisions of chapter 37, Civil Enforcement, and any other lawful remedy or procedure, including a suit for declaratory and injunctive relief in Circuit Court. The city is entitled to recover its reasonable enforcement costs expended in any such enforcement action to applicable fines and penalties.
(Ord. 2021-08-02, passed 10-12-2021)
DESIGN STANDARDS
A land division, whether by a subdivision, creation of a street, or a partitioning, shall conform to any approved development plans, shall take into consideration any preliminary plans made in anticipation thereof, and shall conform to the design standards established by these regulations, the policies and elements of the city's Comprehensive Plan, and any other ordinances or laws not in conflict herewith. (Ord. 2021-08-02, passed 10-12-2021)
(A) The person making a land division shall have the responsibility of providing the following improvements and pursuant to plans and specifications as approved by the City Engineer and in conformance with the design standards contained in this chapter:
(1) All street grading;
(2) Installation of roadway curbs and permanent roadway paving;
(3) Installation of facilities for proper storm drainage and erosion control facilities;
(4) Installation of sidewalks;
(5) Sanitary sewers;
(6) Water mains;
(7) Street trees;
(8) Street lights; and
(9) Landscaping and other improvements of common areas, buffer areas, playgrounds, trails entry features, and the like.
(B) The city shall not issue a building permit and shall withhold all public improvements of whatsoever nature, including the maintenance of streets, furnishing sewer facilities and water and electric services in all subdivisions or partitions until adequate provision for the installation of the improvements required shall have been made by the divider or his or her successor in interest. The advance provisions for public improvements may include the formation of a local improvement district, cash deposits, surety bonds, or legally binding escrows sufficient to discharge the full amount of the divider's liability for necessary and required facilities and improvements. The advance provisions for other improvements may also include the bonds and other binding agreements as may be acceptable to the city. In addition, the city may require a maintenance bond or insurance to assure repair or replacement of defective improvements within the subdivision up to 3 years after acceptance by the city.
(Ord. 2021-08-02, passed 10-12-2021) Penalty, see § 152.999
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