Before any permit for the erection of any structure in a proposed subdivision is granted and before any contract for sale of any part thereof is made, the subdividing owner or his authorized agent shall apply for and secure approval of the proposed subdivision in accordance with the following procedure:
A. Discussion Of Requirements: Before preparing the sketch plan as required in subsection B below, the applicant shall discuss with the City Engineer the procedure for adoption of a subdivision plat and the improvement requirements provided for in this Title.
B. Sketch Plan: Prior to subdividing land, an owner of land or his representative shall file an application for approval of a sketch plan. Specifications for sketch plan documents are given in Section 12-5-1 of this Title.
1. Application Requirements: The application shall:
a. Be made on forms available from the City.
b. Include all contiguous holdings of the owner, with an indication of the portion which is proposed to be subdivided. It shall also be accompanied by an affidavit of ownership, which shall include the dates the respective holdings of land were acquired, together with the book and page of each conveyance to the present owner as recorded in the County Clerk's office. The affidavit shall list the legal owner of the property, the contract owner of the property, the date contract of sale was executed and, if any corporations are involved, a complete list of all directors, officers and stockholders of each corporation owning more than five percent (5%) of any class of stock.
c. Be accompanied by a minimum of five (5) copies of the sketch plan as described in these regulations and complying in all respects with these regulations, and shall be submitted to the City Recorder at least five (5) days prior to a regular Planning Commission meeting.
d. Be accompanied by the appropriate fee, based on the fee schedule adopted by the City Council.
e. If the applicant is not a resident of Morrow County, the application shall include an address and telephone number of an agent located within Morrow County who shall be authorized to receive all notices required by this Title.
2. Planning Commission Review Of Sketch Plan: At its next regular meeting, the Planning Commission shall study the sketch plan, taking into consideration the requirements of the subdivision regulations and the best use of the land being subdivided. Particular attention must be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the further development of adjoining lands as yet unsubdivided and the requirements of the Comprehensive Plan 1 .
3. Approval Of Sketch Plan: Within thirty (30) days after the Planning Commission reviews the sketch plan, it shall advise the applicant of the specific changes or additions, if any, it will require in the layout, and the character and extent of required improvements and reservations which it will require as a prerequisite to the approval of the tentative subdivision plan. The Planning Commission or City Council may require additional changes as a result of further study of the tentative plan of the subdivision. Approval of the sketch plan authorizes the applicant to submit a tentative plan.
4. Notice To Governmental Units: All affected governmental units shall be notified of the approval of the sketch plan and shall be given a reasonable period of time to review the plan and to suggest revisions in the public interest prior to the public hearing on the tentative plan.
C. Tentative Plan:
1. Application Procedure And Requirements: Based upon the approval of the sketch plan, the applicant shall file, in duplicate, an application for approval of a tentative plan. Specifications for tentative plan documents are given in Section 12-5-2 of this Title. The application shall:
a. Be accompanied by a minimum of five (5) copies of the tentative plan, as described in Section 12-5-2 of this Title, and submitted to the City Recorder at least thirty (30) days prior to a regular Planning Commission meeting.
b. Be made on forms available from the City, together with appropriate fee, based on the fee schedule adopted by the City Council.
c. Include all land which the applicant proposes to subdivide, and if the subdivision pertains to only a part of the tract owned or controlled by the subdivider, then the applicant shall also include a sketch of a tentative layout for streets in the unsubdivided portion.
d. Comply in all respects with the sketch plan, as approved.
2. Preliminary Review By City Engineer: Upon receipt of the application for tentative plan approval, the City Recorder shall furnish one copy of the application to the City Engineer. The City Engineer shall review the tentative plan and prepare a preliminary report to present to the Planning Commission at its hearing on the tentative plan.
3. Planning Commission Review: The Planning Commission shall hold a public hearing to review the tentative plan and the preliminary report of the City Engineer.
4. Notice And Opportunity To Be Heard:
a. Notice:
(1) Procedure: The City Recorder shall give notice of the public hearing in the following manner:
(A) Newspaper: Notice shall be published in a newspaper of general circulation within the City, at least twenty (20) days in advance of the public hearing.
(B) Mail: At least ten (10) days prior to the public hearing, notice of the hearing shall be sent by first class mail to:
(i) The applicant and all record owners and contract purchasers of real property within one hundred feet (100') of the property which is the subject of the proposed action, and
(ii) All affected governmental units which have an interest in the proposed subdivision.
(2) Content: The public notices shall contain the following:
(A) Date, time and place of public hearing.
(B) General description of the action proposed on the subdivision application.
(C) Address, including lot and block number, if any, of the property to be subdivided.
(D) Notice by mail shall also include an eight and one-half inch by eleven inch (81/2" x 11") diagram of the property to be subdivided to be provided by the applicant indicating its location relative to adjacent property owners within one hundred feet (100') and at least two (2) clearly marked public streets.
(E) Notice of public hearings shall include:
(i) A statement that failure to raise an issue at the hearing, in person or by letter, or failure to provide sufficient specificity to afford the planning commission or city council an opportunity to respond to the issue precludes appeal to the land use board of appeals based on that issue;
(ii) The name of a local government representative to contact and the telephone number where additional information may be obtained;
(iii) A statement that a copy of the application, all documents and evidence relied upon by the applicant, and any applicable zoning and subdivision criteria including the ordinance provisions are available for inspection at no cost, and that copies of the same will be provided at reasonable cost; and
(iv) A general explanation of the requirements for submission of testimony and the procedure for conduct of the hearing.
b. Public Hearing:
(1) The Planning Commission shall hold a public hearing on the tentative plan within forty five (45) days of the date of submission of the tentative plan to the City Recorder.
(2) If necessary, the Planning Commission may resolve to continue the public hearing, giving the date, time and place the hearing will be continued.
5. Planning Commission Recommendation: Within fourteen (14) days after Planning Commission review, the Planning Commission shall make a recommendation to the City Council.
6. City Council Review: The City Council shall review the tentative plan after receiving the Planning Commission's recommendation and the City Engineer's report.
7. Action On Tentative Plan:
a. Within fifteen (15) days following the City Council review of the tentative plan, the City Council shall give written notice to the applicant of approval, disapproval or conditional approval of the tentative plan. Approval shall be indicated by the signature of the Mayor on the plan.
b. One copy of the tentative plan shall be returned to the developer with the date of approval, conditional approval or disapproval with the findings and conclusions upon which the City Council's decision was based accompanying the plan.
8. Effective Period Of Tentative Approval:
a. The approval of a tentative plan for a subdivision shall be effective for one year.
b. Any plan not receiving final approval within one year shall be null and void, and the developer must submit a new tentative plan for approval, subject to all current zoning restrictions and land division regulations.
9. Construction: Tentative plan approval allows the developer to proceed with construction plans including construction of improvements and submission of the final subdivision plat, pursuant to the effective period of the tentative plan, (subsection C8 above). If required improvements are not completed prior to application for final plat approval, a guarantee of financial security as required by Chapter 3 of this Title shall accompany the application for final plat approval.
D. Final Subdivision Plat:
1. Application Procedure And Requirements: Within one year of the approval of the tentative plan, the applicant, in order to receive final approval of the subdivision plat, shall file with the City Council an application according to the specifications of Section 12-5-3 of this Title. In addition, the application shall:
a. Be made on forms supplied by the City, together with the appropriate fee, based on the fee schedule adopted by the City Council.
b. Include the entire subdivision or section thereof, access to which is via an existing State, County or local government highway.
c. Be accompanied by a minimum of ten (10) copies of the subdivision plat, as described in Section 12-5-3 of this Title.
d. Comply in all respects with the tentative plan, as approved.
e. Be presented to the City Recorder, who shall then refer the application to the City Council prior to the next regular meeting of the City Council at which consideration is desired.
f. Be accompanied by all formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, parks and easements without any reservation other than reversionary rights upon vacation of any such street or road and easements for public utilities, pursuant to ORS 92.090(3).
g. Be accompanied by a performance bond or other assurance for completion and maintenance of improvements, as specified in Chapter 3 of this Title, and which includes a provision that the principal of the bond or other guarantee of financial security shall comply with all the terms specified by the City Council as a condition of approval of the final subdivision plat.
h. Be accompanied by written assurance from public utility companies and improvement districts that necessary utilities will be installed and by proof that the applicant has submitted petitions, in writing, for the creation or extension of any improvement districts, as required by the City Council, upon tentative plan approval.
2. Review Of Application:
a. Public Meeting: The Planning Commission shall review the applications at the next regular Planning Commission meeting following submission of the application for final plat approval. Such a review shall be conducted at a public meeting. In order to be considered at the next meeting, the application must be submitted at least ten (10) working days before the regularly scheduled meeting of the Planning Commission.
Within fourteen (14) days after the Planning Commission review, the Planning Commission shall make a recommendation to the City Council. Such recommendations shall also contain a recommendation to approve or deny the final plat as well as written findings of facts and conclusions.
b. City Engineer: The application for final plat approval and accompanying documents shall be reviewed by the City Engineer and affected governmental units to determine whether it substantially conforms to the tentative plan, the requirements of law and this Title. The City Engineer may make such checks in the field as are desirable to verify that the subdivision plat is sufficiently correct on the ground and he or his representatives may enter the property for this purpose. If the City Engineer determines that the final subdivision plat does not so conform to the tentative plan, the requirements of law and this Title, then he shall advise the applicant of the changes that must be made and shall afford the applicant an opportunity to make the changes or additions.
c. City Council: Upon receipt of the plat with the approval of the City Engineer, the City Council shall consider the application at a regularly scheduled meeting. Within ten (10) days of the meeting, the City Council shall approve, disapprove or conditionally approve the application, setting forth in detail any conditions of approval or reasons for disapproval.
d. Final Resolution: The final resolution of the City Council approving the application shall stipulate the period of time when the performance bond or other guarantee of financial security shall be filed or the required improvements installed, whichever is applicable. It shall also contain the written findings of fact and conclusions of law which it relied upon in reaching its decision. One copy of the final subdivision plat or major partition map, signed by the Mayor, shall be returned to the developer with the date of approval, conditional approval or disapproval noted thereon, and the reasons therefor accompanying the plat or map.
e. Filing Of Plat: Without delay, the subdivider shall submit the final plat for signatures of other public officials required by the law. Approval of the plat shall be null and void if the plat is not recorded within ninety (90) days after the date the last required approving signature has been obtained, or within one year of approval of the final plat or map, whichever is sooner. Recording shall comply with all provisions of ORS chapter 92. (Ord. 512-96, 1-8-1996)
Notes
| 1 | 1. See Title 10 of this Code. |