A subdivision (or planned unit development) is required for any land division that creates more than three parcels (or three ownerships) in a calendar year.
(Ord. 467 §1, 2002)
(A)
Submittal Material. The following submittal requirements shall apply to all preliminary plan applications for subdivisions and planned unit developments.
(1)
All applications shall be submitted on forms provided by the City along with the appropriate fee. It shall be the applicant's responsibility to submit a complete application that addresses the review criteria of this chapter.
(2)
Submittal Requirements. Each application shall be accompanied by a preliminary plat drawn to scale of not less than one inch equals 50 feet nor more than one inch equals 200 feet, and containing at a minimum, the following:
(a)
Appropriate identification stating the drawing is a preliminary plan.
(b)
North point, scale and date.
(c)
Name and addresses of land owner, applicant, engineer, surveyor, planner, architect or other individuals responsible for the plan.
(d)
Map number and tax lot or tax account number of subject property.
(e)
The boundary lines and approximate area of the subject property.
(f)
Dimensions and size in square feet or acres of all proposed parcels.
(g)
The approximate location of existing streets, easements or right-of-ways adjacent to, or within, the subject property, and, existing improvements on the property and important features such as section, political boundary lines.
(h)
The name, address and phone number of the applicant engineer, land surveyor, or person preparing the application.
(i)
Name of the PUD, subdivision, or manufactured home park.
(j)
Date the drawing was made.
(k)
Vicinity sketch showing location of the proposed land division.
(l)
Identification of each lot or parcel and block by number.
(m)
Gross acreage of property being subdivided or partitioned.
(n)
Direction of drainage and approximate grade of abutting streets.
(o)
Streets proposed and their names, approximate grade, and radius of curves.
(p)
Any other legal access to the subdivision, PUD, manufactured home park, or partition other than a public street.
(q)
Contour lines at two-foot intervals if 10% slope or less, five-foot intervals if exceeding 10% slope, and a statement of the source of contour information.
(r)
All areas to be offered for public dedication.
(B)
Supplemental Information. The following supplemental information shall be required for all PUD preliminary plan applications:
(1)
Calculations consistent with Section 10.124.050(E) justifying the proposed density of development.
(2)
Proposed uses of the property, including sites, if any, for recreational facilities, parks and playgrounds or other public or semi-public uses, with the purpose, condition and limitations of such reservations clearly indicated.
(3)
The approximate location and dimensions of all commercial or multifamily structures proposed to be located on the site.
(4)
Statement of improvements to be made or installed including streets, sidewalks, bikeways, trails, lighting, tree planting, landscaping, and time such improvements are to be made or completed.
(5)
Written statement outlining proposals for ownership and maintenance of all open space areas, private streets and any commonly owned facilities.
(Ord. 467 §1, 2002; Ord. 515 §1, 2017)
The following review procedures shall apply to all subdivisions and planned unit developments.
(A)
Planning Official. All preliminary plans for subdivisions (excluding site with stream corridors) shall be reviewed and a decision issued by the Planning Official pursuant to the procedures set forth in Chapter 10.128.
(B)
Planning Commission. All preliminary plans for subdivisions with stream corridors and PUDs shall be heard by the Planning Commission pursuant to the procedures set forth in Chapter 10.128.
(C)
Time Limit. Approvals of any preliminary plans for a subdivision or PUD shall be valid for one year after the date of the final decision. A Final Plat shall be recorded within this time period or the approvals shall lapse. PUDs which do not involve the subdivision of property, shall install all required sewer, water and storm water facilities within the one-year period or the approval shall lapse.
(D)
Time Extension. The Planning Official, or where applicable, the Planning Commission, may extend the approval period for any subdivision or PUD for not more than two additional years at a time. Requests for extension of approval time shall be submitted in writing 30 days prior to the expiration date of the approval period. No more than two time extensions shall be granted.
(E)
Reapplication Required. If the approval period is allowed to lapse, the applicant must resubmit the proposal, including all applicable fees, for review by the Planning Official as required, or a public hearing before the Planning Commission. The applicant will be subject to all applicable standards currently in effect.
(Ord. 467 §1, 2002; Ord. 545, 7/9/2025)
Approval of a subdivision shall require compliance with the following:
(A)
The proposal shall comply with the applicable development standards in Chapter 11.20, as appropriate, including provisions for streets and utilities.
(B)
Each lot shall satisfy the dimensional standards and density standard of the applicable zoning district, unless a variance from these standards is approved.
(C)
Adequate public facilities shall be available to serve the existing and newly created lots.
(Ord. 467 §1, 2002)
Approval of a planned unit development shall require compliance with the applicable development standards in Chapter 10.124, as appropriate, including provisions for streets and utilities.
(Ord. 467 §1, 2002)
(B)
Owners Association. Where applicable, all owners agreements, articles and by-laws shall be submitted with the final plat for review by the City Attorney.
(1)
The Planning Official or Planning Commission, based on the required review authority, until the owners association agreement, articles and by-laws are approved shall not approve the final plat.
(3)
A certificate of formation of a non-profit corporation, with a state seal, for the owners association, shall be submitted with the final plat for review by the Planning Official or Planning Commission, based on the required review authority.
(Ord. 467 §1, 2002; Ord. 545, 7/9/2025)
(A)
Improvements. Before approval is certified on the final plat, the subdivider shall either install required improvements and repair existing streets and other public facilities damaged in the development of the subdivision; or execute and file with the City Council an agreement between the subdivider and City specifying the period within which required improvements and repairs shall be completed.
(B)
Bonding. The subdivider shall file with the agreement a financial instrument to assure installation of the necessary improvements. The agreement shall provide that if the work is not completed within the period specified, the City may complete the work and recover the full cost and expense thereof from the subdivider. The agreement may provide for the construction of the improvements in units and for an extension of time under specified conditions. The amount shall be for a sum determined by the City Engineer as sufficient to cover the cost of the improvements and repairs, including related City expenses. In no case shall bonding exceed five percent of the total construction costs of the subdivision as determined by the City Engineer. The financial instrument may include one of the following:
(1)
A surety bond executed by a surety company authorized to transact business in the state of Oregon in a form approved by the City Attorney.
(2)
A personal bond cosigned by at least one additional person together with evidence of financial responsibility and resources of those signing the bond sufficient to provide reasonable assurance of ability to proceed in accordance with the agreement.
(3)
Cash.
(C)
Liability. If the subdivider fails to carry out 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 for reimbursement. If the amount of the bond or cash deposit exceeds the cost and expenses incurred by the City, the City shall release the remainder. If the amount of the bond or cash deposit is less than the cost and expense incurred by the City, the subdivider shall be liable to the City for the difference.
(Ord. 467 §1, 2002; Ord. 545, 7/9/2025)
(A)
Final Review. If the City Engineer determines that the final plat conforms fully with all applicable regulations and standards, the City Engineer shall so advise the Planning Official or Planning Commission, based on the required review authority. If the Planning Official or Planning Commission finds the final plat to be in compliance with the preliminary plat and applicable regulations and standards, they shall direct the Planning Official or chair of the Planning Commission, based on who was the review authority, to sign the plat. In the absence of the chair for the Planning Commission signature, his/her duties and powers with respect to action on final plats shall by vested in the vice chair. Approval of a final plat shall not constitute or effect an acceptance by the City of the dedication of any street or other easement or way shown on the plat.
(B)
Filing the Final Plat. The final subdivision plat shall be filed with the Yamhill County Clerk's Office and County Surveyor, and a copy of the final recorded document shall be returned to the Planning Official.
(C)
Phasing. The applicant shall have the option of phasing the subdivision. The phasing plan shall be reviewed and approved by the Planning Official or Planning Commission, based on the required review authority, when the initial phase is submitted for acceptance. The City Engineer shall approve the phasing plan to ensure adequate facilities are available. This may require the construction of facilities outside of the phase under consideration. Each subsequent phase shall be recorded within one year of the recording of the preceding phase.
(Ord. 467 §1, 2002; Ord. 545, 7/9/2025)