(A) Approval required. Approval of a subdivision is required for a land division of four or more parcels in a calendar year.
(B) Procedure. A two-step procedure is required for subdivision approval:
(1) Tentative plat review and approval; and
(2) Final plat review and approval.
(C) Pre-application conference. The applicant for a subdivision shall participate in a pre-application conference with city staff to discuss procedures for approval, applicable state and local requirements, objectives and policies of the Shady Cove comprehensive plan, and the availability of services. The pre-application conference provides the opportunity to discuss the conceptual development of the property in advance of formal submission of the tentative plan in order to save the applicant unnecessary delay and cost.
(D) Application requirements for a tentative plat. Subdivision applications shall be made on forms provided by the planning department and shall be accompanied by:
(1) Ten complete, fully collated copies of the tentative plat including fully collated copies of all other supplementary material as may be required to indicate the general program and objectives of the subdivision.
(2) Required fee and technical service deposit.
(3) Preliminary title search.
(E) Format. The Tentative Plat shall be drawn on a sheet 18 by 24 inches in size and at a scale of one inch equals 100 feet unless an alternative format is approved by the Director at the pre-application conference. The application shall include one copy of a scaled drawing of the proposed subdivision, on a sheet eight and one-half by 11, suitable for reproduction.
(F) Data requirements for tentative plat.
(1) Scale of drawing, north arrow, and date.
(2) Location of the subdivision by section, township and range, and a legal description sufficient to define the location and boundaries of the proposed tract.
(3) A vicinity map, showing adjacent property boundaries and how proposed streets may be extended to connect to existing streets.
(4) Names, addresses, and telephone numbers of the owner(s) of the property, the engineer or surveyor, and the date of the survey.
(5) Streets: location, names, paved widths, alleys, and right-of-way (existing and proposed) on and within 400 feet of the boundaries of the subdivision tract.
(6) Easements: location, widths, purpose of all easements (existing and proposed) on or serving the tract.
(7) Utilities: location of storm drainage, sanitary sewers and water lines (existing and proposed) on and abutting the tract if utilities are not on or abutting the tract, indicate the direction and distance to the nearest locations.
(8) Ground elevations shown by contour lines at two-foot vertical intervals for ground slopes of less than 10% and at ten-foot vertical intervals for ground slopes exceeding 10%. Ground elevation shall be related to an established benchmark or other datum approved by the Director.
(9) Natural features such as marshes, rock outcroppings, watercourses on and abutting the property, location of wooded areas.
(10) Approximate location of areas subject to periodic inundation or storm sewer overflow, location of any floodplain or flood hazard district.
(11) Location, width, and direction of flow of all water courses.
(12) Identification of the top of bank and boundary of mandatory setback for any stream or water course.
(13) Identification of any associated wetland and boundary of mandatory setback.
(14) Identification of any wetland and boundary of mandatory setback.
(15) Location of at least one temporary bench mark within the tract boundaries.
(16) Existing uses of the property, including location and present use of all existing structures to remain on the property after platting.
(17) Lots and Blocks: approximate dimensions of all lots, minimum lot sizes, and proposed lot and block numbers.
(18) Existing zoning and proposed land use.
(19) Designation of land intended to be dedicated or reserved for public use, with the purpose, conditions, or limitations of such reservations clearly indicated.
(20) Proposed development phases, if applicable.
(21) Any other information determined necessary by the city at the pre-application conference, such as a soil report or other engineering study, traffic analysis, floodplain or wetland delineation, etc.
(G) Approval criteria. The Planning Commission shall review the tentative plat for the subdivision based on the following approval criteria:
(1) The proposed subdivision is consistent with the density, setback and dimensional standards of the base zoning district, unless modified by a planned development approval.
(2) The proposed subdivision is consistent with the design standards set forth in this chapter.
(3) The proposed street pattern is connected and consistent with the comprehensive plan or official street plan for the city.
(4) Adequate public facilities are available or can be provided to serve the proposed subdivision.
(5) All proposed improvements meet city standards.
(6) The phasing plan, if requested, can be carried out in a manner that meets the objectives of the above criteria and provides necessary public improvements for each phase as it develops.
(H) Conditions. The Planning Commission may require dedication of land and easements and may specify such conditions or modifications of the tentative plat as deemed necessary.
(I) Improvements. A detailed list of required improvements for the subdivisions shall be set forth in the approval and conditions for the tentative plat.
(J) Tentative plat expiration date. The final plat shall be delivered to the city for approval within one year following approval of the tentative plat, and shall incorporate any modification or condition required by approval of the tentative plat. The city may, upon written request of the subdivider, grant an extension of the tentative plat approval for up to one additional year.
(K) Submission of final plat. The applicant shall survey the subdivision and prepare a final plat in conformance with the tentative plat approval and the requirements of O.R.S. Chapter 92.
(L) Information on plat. In addition to information required for the tentative plat or otherwise specified by state law, the following information shall be shown on the final plat for the subdivision:
(1) Tract boundary lines, right-of-way lines of streets and property line with dimensions, bearings or deflection angles and radii, arcs, points of curvature and tangent bearings. All bearings and angles shall be shown to the nearest one-second and all dimensions to the nearest 0.01 foot. If circular curves are proposed in the plat, the following data must be shown in table form: curve radius, central angles, arc length, and bearing of long chord. All information shown on the face of the plat shall be mathematically perfect.
(2) Easements. Easements denoted by fine dotted lines, clearly identified and, if already of record, their recorded references. If an easement is not definitely located of record, a statement of the easement shall be given. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the subdivision shall be shown. If the easement is being dedicated by the plat, it shall be properly referenced in the owner's certificates of dedication.
(3) Setback lines. Any building setback lines if more restrictive than the city zoning ordinance.
(4) Location and purpose. Location and purpose for which sites, other than residential lots, are dedicated or reserved.
(5) Public use areas. Easements and any other areas for public use dedicated without any reservation or restriction.
(6) Deed restrictions. A copy of any deed restrictions written on the face of the plat or prepared to record with the plat with reference on the face of the plat.
(7) Certificates. The following certificates that may be combined where appropriate:
(a) A certificate signed and acknowledged by all parties having any recorded title interest in the land, consenting to the preparation and recording of the plat.
(b) A certificate signed and acknowledged as above, dedicating all land intended for public use except land which is intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants.
(c) A certificate with the seal of and signed by the engineer or the surveyor responsible for the survey and final plat.
(d) Other certificates now or hereafter required by law.
(8) Supplemental information with plat. The following data shall accompany the final plat:
(a) A preliminary title report issued by a title insurance company in the name of the owner of the land, showing all parties whose consent is necessary and their interest in the tract.
(b) Sheets and drawings showing the following:
1. Traverse data including the coordinates of the boundary of the subdivision and ties to section corners and donation land claim corners, and showing the error of closure, if any.
2. The computation of distances, angles and courses shown on the plat.
3. Ties to existing monuments, proposed monuments, adjacent subdivisions, street corners and state highway stationing.
(c) A copy of any deed restrictions applicable to the subdivision.
(d) A copy of any dedication requiring separate documents.
(e) A list of all taxes and assessments on the tract which have become a lien on the tract.
(f) A certificate by the engineer that the subdivider has compiled with the improvement requirements.
(10) Certification by the city engineer or by the owner of a privately owned domestic water supply system, that water will be available to the property line of each and every lot depicted in the final plat.
(M) Technical plat review.
(1) Upon receipt by the city, the plat and supplemental information shall be reviewed by the city staff. The review shall focus on conformance of the final plat with the approved tentative plat, conditions of approval and provisions of city, county or state law applicable to subdivisions.
(2) The City Engineer may make field checks as needed to verify that the final plat is sufficiently correct on the ground, and city representatives may enter the subdivision property for this purpose.
(3) If the city determines that full conformance has not been made, he or she shall advise the subdivider of the changes or additions that must be made and shall afford the subdivider an opportunity to make the changes or additions.
(4) All costs associated with the technical plat review and recording shall be the responsibility of the applicant.
(N) Approval of final plat. The signatures of the city staff and the City Engineer shall indicate approval of the final plat. After the plat has been approved by all city and county officials, two prints of all data (plat face, dedications, certificates, approvals and one copy of recorded restrictive and protective covenants) shall be returned to the City Engineer within 20 working days of recording.
(O) Recording of final plat. Approval of the plat by the city shall be conditioned on its prompt recording. The subdivider shall, without delay, submit the plat to the county assessor and the county governing body for signatures as required by O.R.S. 92.100. The plat shall be prepared as provided by O.R.S. 92.080. Approval of the final plat shall be null and void if the plat is not submitted for recording within 30 days after the date the last required approving signature has been obtained.
(Ord. 224, passed 12-2-2004)