A. 
Title
The ordinance codified in this title shall be known and may be cited as the "Land Division Ordinance" of the City of Milwaukie.
B. 
Structure
This title is divided into chapters and sections. Chapter divisions are denoted by the 2-digit number following the title number. Section divisions are identified by the 3-digit number following the chapter division.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)
A. 
The Planning Manager has the authority to apply, interpret, and enforce the provisions of this title. An appeal from a ruling by the Planning Manager regarding a requirement of this title may be made to the Planning Commission under provisions of Chapter 19.1000.
B. 
The City Engineer has the authority to accept, conditionally accept, or reject construction and engineering plans and specifications in accordance with professional judgment and accepted engineering or surveying practices.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)
All land divisions and property boundary changes must be consistent with Title 16 Environment, this title, Title 18 Flood Hazard Regulations, and Title 19 Zoning.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)
All lot consolidations, land divisions, changes in property boundary lines, and creation of streets or rights-of-way must be approved in accordance with these regulations prior to conveying or recording any instrument effecting a lot consolidation, land division, or property boundary change. A person desiring to partition, subdivide, replat, consolidate, or change property boundaries must submit application for approval as provided in this title and State law.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)
A. 
Expiration of Approval
Expiration of approvals are provided in Subsection 19.1001.7.E.
B. 
Extensions
Extension of approvals are provided in Subsection 19.908. An extension to an expiring land division approval must be approved when the provisions of Subsection 19.908 are met and provided that:
1. 
No changes are made on the original plan as approved;
2. 
The applicant can show intent of recording the land division or boundary change within the extension period; and
3. 
There have been no changes in the ordinance provisions on which the approval was based.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)
No unit of land shall be split or reduced by any means in conflict with the requirements of this title or Title 19 of this code. The splitting of a lot or parcel to add to another will not be allowed unless the remaining portion meets all zoning standards for the zone where the land is located, or it is simultaneously consolidated with a contiguous parcel, which will thereafter comply with zoning standards.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)
Improper land divisions or boundary changes must be corrected by submission of appropriate applications and by following the associated review procedures prescribed in this title. This section does not preclude enforcement against violations of this title.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)
All applications provided for in this title must be made on forms prescribed by the Planning Manager.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)
A fee as established by resolution of the City Council must be paid to the City upon the filing of an application. Such fees will not be refundable.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)
Legislative amendments to this title must be made in accordance with Chapter 19.1000 and Section 19.902.
(Ord. 1907 (Attach. 1), 2002; Ord. 2025 § 3, 2011)
Requests for determinations on the legal status of units of land must be processed pursuant to Section 19.903 Code Interpretations and Director Determinations.
(Ord. 1907 (Attach. 1), 2002; Ord. 2025 § 3, 2011; Ord. 2242, 4/16/2024)
A. 
Recording instruments for boundary change, subdivision, partition, and replat must be submitted to the Clackamas County Surveyor.
B. 
Prior to recording a lot consolidation, property line adjustment, partition plat, or subdivision plat, the applicant must submit the recording instruments to the Planning Manager for a determination of consistency with the City Code and required approvals.
C. 
Lot consolidations for units of land legally created by metes and bounds descriptions may be recorded by deed subject to approval of the County Surveyor.
D. 
Subdivision and partition plats and replats, must be recorded by plat.
E. 
The applicant must submit the copy of the recorded lot consolidation, property line adjustment, partition plat, or subdivision plat survey map to the City prior to the issuance of any development permits on the new or re-configured lots.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)
A. 
Monuments are required in accordance with ORS Chapter 92.
B. 
Monumentation surveys must be filed with the County Surveyor in accordance with ORS Chapters 92 and 209.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)
Violation of any provision of this title is a civil infraction. The civil penalty for violation of this title is identified in the city fee schedule. The cost of completing or correcting any improvements required by this title and incurred by the City may be assessed to persons as part of the civil infraction judgment. Each day a violation continues must be considered a separate violation.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)
Appeals on actions authorized under this title must be made in accordance with Chapter 19.1000.
(Ord. 1907 (Attach. 1), 2002; Ord. 2242, 4/16/2024)