Land divisions are governed by state law, several related provisions of this Code and other chapters of the Forest Grove Municipal Code. An introduction to these related regulations is provided below.
A. Relationship to state law. O.R.S. Chapter 92 governs all land divisions. State law permits the to develop its own procedures and review criteria for land divisions. However, because the state law limits the ’s discretion in land divisions, users of this Code are encouraged to review O.R.S. 92 to be aware of all state requirements applicable to land divisions. Pursuant to O.R.S. 197.015(10)(b)(G), a decision to approve or not approve a final is not a land decision.
C. Relationship to other local regulations. All proposed land divisions must meet the applicable standards of the base (i.e., residential, commercial, industrial, etc.), the provisions of any applicable overlay districts (such as Environmental Review), and other standards included in Article 8
(such as , Grading, Drainage and Erosion Control). A pre- conference is required to highlight all of the key provisions of this Code and other regulations that will apply to the proposed land division .
D. Phased
.
1. The
may authorize a time schedule for platting a
in phases. Each phase may be for a period of time in excess of one year, but the total time period for all phases shall not be more than eight years without resubmission of the tentative plan. Each phase so platted and developed shall conform to the applicable requirements of this Code.
2. For a phased project, the right-of-way for
within the
that provide connectivity to arterials or collectors outside the project
shall be dedicated with the first phase of the project.
E. Prohibition on sale of
. No shall sell or convey any interest in any or until the final has been approved and recorded with the recording officer of Washington County.
F. Future re-division. When dividing tracts into large , the review authority shall require that the be of such size and shape to facilitate future re-division in accordance with the targets established in Article 3.
G. A
for the construction of a
shall not be issued unless all applicable and needed services including vehicular
, power, sewerage, domestic and fire water supply and stormwater drainage are available to the
or parcel where the
is to be built. This provision does not apply to permits for a
that does not require such services (such as a storage shed).
(Ord. 2009-01, passed 3-9-2009; Ord. 2013-3, passed 5-22-2013)