(A)
Purpose. The purpose of the Partition and Subdivision process is
to: Facilitate and enhance the value of development; Maintain the
integrity of the City’s watercourses by promoting bank stability,
assisting in flood protection and flow control, protecting riparian
functions, minimizing erosion, and preserving water quality and significant
fish and wildlife areas; Minimize adverse effects on surrounding property
owners and the general public through specific approval conditions;
Ensure the provision of public facilities and services; Provide for
connectivity between different uses; Utilize alternative transportation
modes including walking, bicycling and mass transit facilities; Implement
the applicable Comprehensive Plans, applicable refinement plans, specific
area plans and specific development plans; Minimize adverse effects
on surrounding property owners and the general public through specific
approval conditions; and Otherwise protect the public health and safety.
(B)
The Partition process regulates land divisions that create 2 or 3
parcels within a calendar year. If the Director determines that a
property proposed to be partitioned has been, or is in the process
of being divided into 4 or more lots, full compliance with the Subdivision
regulations specified in this code may be required.
(C)
The Subdivision process regulates land divisions that create 4 or
more lots within a calendar year.
(D)
Applicability.
(1)
The Partition process applies within the city limits and the City’s
urbanizable area. Generally, no more than 3 parcels may be created
from 1 tract of land in the City’s urbanizable area until annexation,
as specified in SDC 5.12.125(I)(2)(b)(iii).
(2)
The Subdivision process applies only within the city limits.
(3)
No lot/parcel may be created without being divided as specified in
this code.
(4)
No development permit will be issued by the City prior to approval
of the Partition or Subdivision Tentative Plan application.
EXCEPTION: As may be permitted in the Springfield
Municipal Code, 1997 and/or by Resolution No. 03-40, the Director
may issue a Land and Drainage Alteration Permit prior to approval
of the Partition or Subdivision Tentative Plan.
(6463)
Tentative Plans are reviewed under Type 2 procedure.
Any residential land division shall conform to the following
standards:
(A)
The lot/parcel dimensions shall conform to the minimum standards
of this code. When lots/parcels are more than double the minimum area
permitted by the zoning district, the Director shall require that
these lots/parcels be arranged:
(1)
To allow redivision; and
(2)
To allow for the extension of streets to serve future lots/parcels.
(3)
Placement of structures on the larger lots/parcels shall be subject
to approval by the Director upon a determination that the potential
maximum density of the larger lot/parcel is not impaired. In order
to make this determination, the Director may require a Future Development
Plan as specified in SDC 5.12.120(E).
(B)
Double frontage lots/parcels shall be avoided, unless necessary to
prevent access to residential development from collector and arterial
streets or to overcome specific topographic situations.
(C)
Panhandle lots/parcels shall comply with the standards specified
in SDC 3.2.215 and 4.2.120(A). In the case of multiple panhandles
in Subdivisions, construction of necessary utilities to serve all
approved panhandle lots/parcels shall occur prior to recording the
Plat.
(D)
Public street standards as specified in SDC 4.2.105.
(6443)
A Tentative Plan application must contain the elements necessary
to demonstrate that the provisions of this code are being fulfilled.
EXCEPTION: In the case of Partition applications
with the sole intent to donate land to a public agency, the Director,
during the Application Completeness Check Meeting, may waive any submittal
requirements that can be addressed as part of a future development
application.
(A)
General Requirements.
(1)
The Tentative Plan, including any required Future Development Plan,
shall be prepared by an Oregon Licensed Professional Land Surveyor
on standard sheets of 18 inches x 24 inches. The services of an Oregon
Licensed Professional Engineer may also be required by the City in
order to resolve utility issues (especially stormwater management,
street design and transportation issues), and site constraint and/or
water quality issues.
(2)
The scale of the Tentative Plan shall be appropriate to the area
involved and the amount of detail and data, normally 1 inch = 50 feet,
1 inch = 100 feet, or 1 inch = 200 feet.
(3)
A north arrow and the date the Tentative Plan was prepared.
(4)
The name and address of the owner, applicant, if different, and the
Land Surveyor and/or Engineer who prepared the Partition Tentative
Plan.
(5)
A drawing of the boundaries of the entire area owned by the partitioner
or subdivider of which the proposed land division is a part.
(6)
City boundaries, the Urban Growth Boundary (UGB) and any special
service district boundaries or railroad right-of-way, which cross
or abut the proposed land division.
(7)
Applicable land use districts and the Springfield Comprehensive Plan
designation of the proposed land division and of properties within
100 feet of the boundary of the subject property.
(8)
The dimensions (in feet) and size (either in square feet or acres)
of each lot/parcel and the approximate dimensions of each building
site, where applicable, and the top and toe of cut and fill slopes
to scale.
(9)
The location, outline to scale and present use of all existing structures
to remain on the property after platting and their required setbacks
from the proposed new property lines.
(10)
The location and size of existing and proposed utilities and necessary
easements and dedications on and adjacent to the site, including,
but not limited to, sanitary sewer mains, stormwater management systems,
water mains, power, gas, telephone, and cable TV. Indicate the proposed
connection points.
(11)
The locations, widths and purpose of all existing or proposed easements
on and abutting the proposed land division; the location of any existing
or proposed reserve strips.
(12)
The locations of all areas to be dedicated or reserved for public
use, with the purpose, condition or limitations of the reservations
clearly indicated.
(B)
A Site Assessment of the Entire Development Area. The Site Assessment
shall be prepared by an Oregon Licensed Landscape Architect or Engineer
and drawn to scale with existing contours at 1-foot intervals and
percent of slope that precisely maps and delineates the areas described
below. Proposed modifications to physical features shall be clearly
indicated. The Director may waive portions of this requirement if
there is a finding that the proposed development will not have an
adverse impact on physical features or water quality, either on the
site or adjacent to the site. Information required for adjacent properties
may be generalized to show the connections to physical features. A
Site Assessment shall contain the following information.
(1)
The name, location, dimensions, direction of flow and top of bank
of all watercourses that are shown on the Water Quality Limited Watercourses
(WQLW) Map on file in the Development and Public Works Department;
(2)
The 100-year floodplain and floodway boundaries on the site, as specified
in the latest adopted FEMA Flood Insurance Maps or FEMA approved Letter
of Map Amendment or Letter of Map Revision;
(3)
The Time of Travel Zones, as specified in SDC 3.3.200 and delineated
on the Wellhead Protection Areas Map on file in the Development and
Public Works Department;
(4)
Physical features including, but not limited to significant clusters
of trees and shrubs, watercourses shown on the WQLW Map and their
riparian areas, wetlands, and rock outcroppings;
(5)
Soil types and water table information as mapped and specified in
the Soils Survey of Lane County; and
(6)
Natural resource protection areas as specified in SDC 4.3.117.
(C)
A Stormwater Management Plan drawn to scale with existing contours
at 1-foot intervals and percent of slope that precisely maps and addresses
the information described below. In areas where the percent of slope
is 10 percent or more, contours may be shown at 5-foot intervals.
This plan shall show the stormwater management system for the entire
development area. Unless exempt by the Director, the City shall require
that an Oregon Licensed Civil Engineer prepare the plan. Where plants
are proposed as part of the stormwater management system, an Oregon
Licensed Landscape Architect may also be required. The plan shall
include the following components:
(1)
Roof drainage patterns and discharge locations;
(2)
Pervious and impervious area drainage patterns;
(3)
The size and location of stormwater management systems components,
including but not limited to: drain lines, catch basins, dry wells
and/or detention ponds; stormwater quality measures; and natural drainageways
to be retained;
(4)
Existing and proposed site elevations, grades and contours; and
(5)
A stormwater study and management system plan with supporting calculations
and documentation as required in SDC 4.3.110 shall be submitted supporting
the proposed system. The plan, calculations and documentation shall
be consistent with the Engineering Designs Standards and Procedures
Manual to allow staff to determine if the proposed stormwater
management system will accomplish its purposes.
(D)
A response to transportation issues complying with the provisions
of this code.
(1)
The locations, condition, e.g., fully improved with curb, gutter
and sidewalk, AC mat, or gravel, widths and names of all existing
streets, alleys, or other rights-of-way within or adjacent to the
proposed land division;
(2)
The locations, widths and names of all proposed streets and other
rights-of-way to include the approximate radius of curves and grades.
The relationship of all proposed streets to any projected streets
as shown on the Metro Plan or Springfield Comprehensive Plan, including
the Springfield Transportation System Plan (including the Conceptual
Street Map) and, any approved Conceptual Development Plan;
(3)
The locations and widths of all existing and proposed sidewalks,
multi-use paths, and accessways, including the location, size and
type of plantings and street trees in any required planter strip;
(4)
The location of existing and proposed traffic control devices, fire
hydrants, power poles, transformers, neighborhood mailbox units and
similar public facilities, where applicable;
(5)
The location and dimensions of existing and proposed driveways demonstrating
conformance with lot or parcel dimensions and frontage requirements
for single-family and duplex lots/parcels established in SDC 3.2.215,
and driveway width and separation specifications established in SDC
4.2.120, where applicable;
(6)
The location of existing and proposed street trees, associated utilities
along street frontage(s), and street lighting: including the type,
height and area of illumination;
(7)
The location of existing and proposed transit facilities;
(8)
A copy of a Right-of-Way Approach Permit application where the property
has frontage on an Oregon Department of Transportation (ODOT) facility;
and
(9)
A Traffic Impact Study prepared by a Oregon Licensed Traffic Engineer,
where necessary, as specified in SDC 4.2.105(A)(4).
(E)
A Future Development Plan. Where phasing and/or lots/parcels that
are more than twice the minimum lot/parcel size are proposed, the
Tentative Plan shall include a Future Development Plan that:
(1)
Indicates the proposed redivision, including the boundaries, lot/parcel
dimensions and sequencing of each proposed redivision in any residential
district, and shall include a plot plan showing building footprints
for compliance with the minimum residential densities specified in
SDC 3.2.205;
(2)
Addresses street connectivity between the various phases of the proposed
development based upon compliance with the Springfield Transportation
System Plan (including the Conceptual Street Map), the Regional Transportation
Plan (RTP), applicable Refinement Plans, Plan Districts, Master Plans,
or this code;
(3)
Accommodates other required public improvements, including, but not
limited to, sanitary sewer, stormwater management, water and electricity;
(4)
Addresses physical features, including, but not limited to, significant
clusters of trees and shrubs, watercourses shown on the Water Quality
Limited Watercourse Map and their associated riparian areas, wetlands,
rock outcroppings and historic features; and
(5)
Discusses the timing and financial provisions relating to phasing.
(F)
Additional information and/or applications required at the time of
Tentative Plan application submittal shall include the following items,
where applicable:
(1)
A brief narrative explaining the purpose of the proposed land division
and the existing use of the property;
(2)
If the applicant is not the property owner, written permission from
the property owner is required;
(3)
A Vicinity Map drawn to scale showing bus stops, streets, driveways,
pedestrian connections, fire hydrants and other transportation/fire
access issues within 200 feet of the proposed land division and all
existing Partitions or Subdivisions immediately adjacent to the proposed
land division;
(4)
How the Tentative Plan addresses the standards of any applicable
overlay district;
(5)
How the Tentative Plan addresses Discretionary Use criteria, where
applicable;
(6)
A Tree Felling Permit as specified in SDC 5.19.100;
(7)
A Geotechnical Report for slopes of 15 percent or greater and as
specified in SDC 3.3.500, and/or if the required Site Assessment in
SDC 5.12.120(B) indicates the proposed development area has unstable
soils and/or high water table as specified in the Soils Survey
of Lane County;
(8)
An Annexation application as specified in SDC 5.7.100 where a development
is proposed outside of the city limits but within City’s urban
growth boundary and can be serviced by sanitary sewer;
(9)
A wetland delineation approved by the Department of State Lands shall
be submitted concurrently where there is a wetland on the property;
(10)
Evidence that any required Federal or State permit has been applied
for or approved shall be submitted concurrently;
(11)
All public improvements proposed to be installed and to include the
approximate time of installation and method of financing;
(12)
Proposed deed restrictions and a draft of a Homeowner’s Association
Agreement, where appropriate;
(13)
Where the Subdivision of a manufactured dwelling park or mobile home park is proposed, the Director may waive certain submittal requirements specified in subsections (A) through (M). However, the Tentative Plan shall address the applicable standards listed under the park Subdivision approval criteria specified in SDC 5.12.125.
(6211; 6286; 6412; 6443; 6463)
The Director must approve or approve with conditions a Tentative
Plan application upon determining that all applicable criteria have
been satisfied. If conditions cannot be attached to satisfy the approval
criteria, the Director must deny the application. In the case of Partitions
that involve the donation of land to a public agency, the Director
may waive any approval criteria upon determining the particular criterion
can be addressed as part of a future development application.
(A)
The request conforms to the provisions of this code pertaining to
lot/parcel size and dimensions.
(B)
The zoning is consistent with the Springfield Comprehensive Plan
Map and/or applicable Refinement Plan diagram, Plan District map,
and Conceptual Development Plan.
(C)
Capacity requirements of public and private facilities, including
but not limited to, water and electricity; sanitary sewer and stormwater
management facilities; and streets and traffic safety controls shall
not be exceeded and the public improvements shall be available to
serve the site at the time of development, unless otherwise provided
for by this code and other applicable regulations. The Director or
a utility provider shall determine capacity issues.
(D)
The proposed land division shall comply with all applicable public
and private design and construction standards contained in this code
and other applicable regulations.
(E)
Physical features, including, but not limited to: steep slopes with
unstable soil or geologic conditions; areas with susceptibility of
flooding; significant clusters of trees and shrubs; watercourses shown
on the WQLW Map and their associated riparian areas; other riparian
areas and wetlands specified in SDC 4.3.117; rock outcroppings; open
spaces; and areas of historic and/or archaeological significance,
as may be specified in SDC 3.3.900 or ORS 97.740.760, 358.905.955
and 390.235.240, shall be protected as specified in this code or in
State or Federal law.
(F)
Parking areas and ingress-egress points have been designed to: facilitate
vehicular traffic, bicycle and pedestrian safety to avoid congestion;
provide connectivity within the development area and to adjacent residential
areas, transit stops, neighborhood activity centers, and commercial,
industrial and public areas; minimize driveways on arterial and collector
streets as specified in this code or other applicable regulations
and comply with the ODOT access management standards for State highways.
(G)
Development of any remainder of the property under the same ownership
can be accomplished as specified in this code.
(H)
Adjacent land can be developed or is provided access that will allow
its development as specified in this code.
(I)
Where the Partition of property that is outside of the city limits
but within the City’s urbanizable area and no concurrent annexation
application is submitted, the standards specified below shall also
apply.
(1)
The minimum area for the partitioning of land in the UF-10 Overlay
District shall be 10 acres.
(2)
EXCEPTIONS:
(a)
Any proposed new parcel between 5 and 10 acres shall require
a Future Development Plan as specified in SDC 5.12.120(E) for ultimate
development with urban densities as required in this code.
(b)
In addition to the standards of subsection (I)(2)(a), above, any proposed new parcel that is less than 5 acres shall meet 1 of the following standards:
(i)
The property to be partitioned shall be owned or operated by
a governmental agency or public utility; or
(ii)
A majority of parcels located within 100 feet of the property
to be partitioned shall be smaller than 5 acres.
(iii)
No more than 3 parcels shall be created from
1 tract of land while the property remains within the UF-10 Overlay
District.
EXCEPTION: Land within the UF-10 Overlay District
may be partitioned more than once as long as no proposed parcel is
less than 5 acres in size.
(J)
Where the Subdivision of a manufactured dwelling park or mobile home
park is proposed, the following approval criteria apply:
(1)
The park was approved before July 2, 2001 and is in compliance with
the standards in SDC 3.2.235 or other land use regulations in effect
at the time the site was approved as a manufactured dwelling park
or mobile home park; or the park is an approved non-conforming use.
In the latter case, a park is in compliance if the City has not issued
a notice of noncompliance on or before July 2, 2001.
(2)
The number of lots proposed shall be the same or less than the number
of mobile home spaces previously approved or legally existing in the
park.
(3)
The external boundary or setbacks of the park shall not be changed.
(4)
The use of lots, as shown on the Tentative Plan, shall be limited
to the installation of manufactured dwellings; i.e., “stick-built”
houses are prohibited.
(5)
Any other area in the Subdivision other than the proposed lots shall
be used as common property, unless park streets have previously been
dedicated to the City or there are public utilities in the park. All
common property shall be addressed in a Homeowners’ Association
Agreement.
(a)
Areas that are used for vehicle circulation (streets), driveways
that serve more than 2 lots/parcels or common parking areas, shall
be shown in a Tract or easement on the Tentative Plan.
(b)
All other services and utilities that serve more than 1 lot
shall be in a Tract or easement. Where a service or utility serves
only 1 lot, but crosses another, that service or utility shall also
be in an easement shown on the Tentative Plan.
(c)
Existing buildings in the park used for recreational, meetings
or other purposes for the park residents shall be in a Tract shown
on the Tentative Plan.
(6)
Any public utilities shall be within a public utility easement.
(7)
If public utilities or services are required to serve the Subdivision,
the park owner shall sign and execute a waiver of the right to remonstrate
against the formation of a local improvement district to provide the
public utilities or services.
(6443; 6463)
To the extent necessary to satisfy the approval criteria of
SDC 5.12.125, comply with all applicable provisions of this code and
to mitigate identified negative impacts to surrounding properties,
the Director shall impose approval conditions. All conditions shall
be satisfied prior to Plat approval.
Approval conditions may include, but are not limited to:
(A)
Dedication of Right-of-Way and/or Utility Easements.
(1)
Right-of-way, when shown in the Springfield Transportation System
Plan (including the Conceptual Street Map), the transportation elements
of refinement plans, or as specified in Table 4.2.1.
(2)
Easements as specified in SDC 4.3.140, when necessary to provide
services, including, but not limited to: sanitary sewers, stormwater
management, water and electricity, to the site and neighboring properties.
The dedication of easements shall also include any easements required
to access and maintain watercourses or wetlands that are part of the
City’s Stormwater Management System.
(B)
Installation of a sight obscuring fence, and/or vegetative screen
whenever a party of record or the Director identifies a land use conflict.
(C)
Installation of traffic signals and signs; restricting access to
and from arterial or collector streets; requiring a frontage road;
restricting and strategically locating driveways; and/or requiring
the joint use of driveways to serve 2 or more lots/parcels through
a Joint Use/Access Agreement when transportation safety issues are
identified by the Transportation Planning Engineer and/or a Traffic
Impact Study.
(D)
Modification of the layout of parcel lines caused by the location
of streets, required stormwater management systems, including, but
not limited to: swales and detention basins or when required by the
Geotechnical report specified in SDC 5.12.120.
(E)
Installation of a noise attenuating barrier, acoustical building
construction and/or site modifications as specified in SDC 4.4.110,
or similar measures approved by an acoustical engineer registered
in the State of Oregon, to minimize negative affects on noise sensitive
property from noise found to exceed acceptable noise levels prescribed
in the Oregon Administrative Rules or the Federal Highway Administration
Noise Abatement Criteria.
(F)
Phasing of development to match the availability of public facilities
and services, including but not limited to, water and electricity;
sanitary sewer and stormwater management facilities; and streets and
traffic safety controls when these facilities and services are near
capacity, as determined by the Public Works Director or the utility
provider.
(G)
Submittal of a Land and Drainage Alteration Permit.
(H)
The Director may waive the requirement that buildable City lots/parcels
have frontage on a public street when the following apply:
(I)
Retention and protection of existing physical features and their
functions, including, but not limited to: significant clusters of
trees and shrubs, watercourses shown on the WQLW Map and their riparian
areas and wetlands, by:
(1)
Planting replacement trees where encroachment is allowed into riparian
areas shown on the WQLW Map on file in the Development Services Department;
(2)
Re-vegetation, including, but not limited to: trees and native plants,
of slopes, ridgelines, and stream corridors;
(3)
Restoration of native vegetation;
(4)
Removal of invasive plant species, based upon the Invasive Plants
List on file in the Development Services Department;
(5)
Relocating the proposed development on another portion of the site;
(6)
Reducing the size of the proposed development; and/or
(7)
Mitigation of the loss of physical features caused by the proposed
development with an equivalent replacement either on site or on an
approved site elsewhere within the City’s jurisdiction, as approved
by the Director.
(J)
The applicant shall submit copies of required permits to demonstrate
compliance with applicable: Federal programs, regulations and statues;
State programs, regulations and statutes; and/or local programs, regulations
and statutes prior to the approval of the Plat. When a Federal or
State agency issues a permit that substantially alters an approved
Tentative Plan, the Director shall require the applicant to resubmit
the Tentative Plan for additional review.
(K)
Approval of a Stormwater Management Plan for the development demonstrating
compliance with the applicable provisions of SDC 4.3.110 and the Engineering Design Standards and Procedures Manual.
(L)
Where there are multiple panhandles, compliance with approval criteria
SDC 5.12.125 shall require construction of necessary utilities to
serve all approved panhandle parcels prior to recording the Plat.
(M)
Where there is a land division with a concurrent annexation application,
if there is an existing dwelling, that dwelling shall connect to sanitary
sewer prior to recording the Plat.
(N)
Where there is a land division with a panhandle parcel, if a noticed
party requests screening, a solid screen, as specified in SDC 4.4.110
shall be provided along the property line of the abutting property
and the proposed panhandle driveway. If a fence is required, the standards
of SDC 4.4.115 shall apply.
(O)
In the case of the Subdivision of a manufactured dwelling park or
mobile home park, the following approval conditions shall be completed
prior to the recording of the Subdivision Plat:
(1)
A Homeowners’ Association Agreement shall be submitted that
discusses the maintenance for all common areas shown in Tracts, unless
otherwise specified in the Tentative Plan decision;
(2)
The recording of any required public or private easements;
(3)
The signing of a remonstrance waiver and establishment of a local
improvement district, if public utilities are required to serve the
subdivision; and
(4)
Any other condition of approval required during the Tentative Plan
review process.
(P)
In the case of a Partition of property that is outside of the city
limits but within the City’s urban growth boundary and no concurrent
annexation application is submitted, Consent to Annex forms shall
be signed and recorded by the property owner prior to recording the
Partition Plat.
(Q)
When required as specified in SDC 5.12.120(E), the Final Future Development
Plan shall be recorded at Lane County at the applicant’s expense.
The applicant shall then deliver a reproducible copy of the recorded
Future Development Plan to the Director.
(6212; 6286; 6412; 6443)
Plats are reviewed under Type 1 procedure.
EXCEPTION: Until the intergovernmental Agreement
with Lane County regulating planning outside of the city limits, but
within Springfield’s UGB is amended, Partition Plats for Partitions
within Springfield’s UGB shall be reviewed and approved by the
Lane County Surveyor.
(A)
The Plat Pre-Submittal Meeting and Timelines.
(1)
For Partitions, the Plat Pre-Submittal Meeting shall be held within
1 year of the date of Tentative Plan approval.
(2)
For Subdivisions, the Plat Pre-Submittal Meeting shall be held within
2 years of the date of Tentative Plan approval.
(3)
In both cases, the mylars and application fee shall be submitted
within 180 days of the Pre-Submittal Meeting. If the applicant has
not submitted the Plat within these times, Tentative Plan approval
shall become null and void and re-submittal of the Tentative Plan
is required.
(4)
EXCEPTIONS:
(a)
The applicant may request an extension of the Partition Plat
submittal time line for up to 1 year, and an extension of the Subdivision
Plat time line for up to 2 years, in most situations. In either case,
the applicant shall submit the request writing to the Director no
later than 30 days prior to the expiration of the Tentative Plan approval
and shall explain why the request is necessary and demonstrate how
the Plat application will be submitted within the requested extension
time line. The Director may grant or amend the request if a determination
can be made that the applicant is making progress on the Plat application.
(b)
For a Subdivision subject to Master Plan approval, where Subdivision Tentative Plan approval is granted for the entire Subdivision and then portions are allowed to be platted in phases over time, the Director may allow consecutive 2-year periods for the completion of each phase up to and not to exceed the duration of the Master Plan. This issue shall be addressed as a condition of Subdivision Tentative Plan approval under SDC 5.12.130. Where the agreed to Plat submittal time line can not be met, the applicant may submit a time line extension for Subdivision Plats as specified in subsection (A)(4)(a), above.
(B)
The Plat submittal shall:
(1)
Be surveyed and monumented as specified in ORS Chapters 92 and 209;
(2)
Include documentation addressing all conditions of Tentative Plan
approval. Conditions may include showing the following information
on the Plat: floodplain boundaries and spot elevations; riparian area
boundaries; building envelopes; and any other information required
by the Director; and
(3)
The applicant shall also submit the following information:
(a)
A copy of any deed restrictions.
(b)
A copy of any dedication requiring separate documents.
(c)
Boundary and lot/parcel closure computations and the total area
of each lot/parcel and any open space dedication in square feet or
acres.
(d)
A statement of water rights.
(e)
A copy of any document required as a condition of Tentative
Plan approval.
(f)
A current title report.
The Director, in consultation with the City Surveyor and City
Engineer, shall approve or deny the Plat. Approval shall be based
on compliance with the following criteria:
(A)
The City Surveyor has approved the Plat for compliance with applicable
platting requirements in accordance with State law, Lane County Ordinances
and any other applicable regulations.
(B)
Streets, bicycle paths, accessways, and alleys for public use have
been dedicated without any reservation or restriction other than reversionary
rights upon vacation.
(C)
Public improvements, as required by this code or as a condition of
Tentative Plan approval, are completed, or:
(1)
A petition for public improvements and for the assessment of the
real property for the improvements has been signed by the property
owner seeking the land division and the petition has been accepted
by the City Engineer; or
(2)
A performance bond or suitable substitute as agreed upon by the City
Engineer and the applicant has been filed with the City in an amount
sufficient to assure the completion of all required public improvements.
(D)
Public assessments, liens, and fees with respect to the land division
have been paid, or:
(E)
All conditions of Tentative Plan approval have been met and the Plat
substantially conforms to the provisions of the approved Tentative
Plan.
(A)
After the Plat has been signed by the City, the applicant’s
surveyor or other designated person shall deliver the Plat to the
Lane County Surveyor for recording.
(B)
The applicant shall deliver a reproducible copy of the recorded Plat
to the City Engineer. Once the City has proof that the Plat has been
recorded, the parcels may be sold and the City may issue a Building
Permit.
(A)
A Major Replat is the elimination and/or relocation of more than
2 exterior and/or interior common boundary lines or property lines
within a recorded Subdivision; or an increase in the number of lots;
or decrease of 2 or more lots within a recorded Subdivision.
(B)
A Minor Replat is the elimination and/or relocation of no more than
2 exterior and/or interior common boundary lines or property lines
within a recorded Subdivision or Partition; or a decrease of 1 lot/parcel
within a recorded Subdivision or Partition
(C)
No Replat shall be used to vacate public right-of-way in a recorded
Subdivision or Partition. In this case, a concurrent Vacation application
is reviewed under Type 4 procedure as specified in SDC 5.20.100.
(6267)
(A)
All Replat Plats are reviewed under Type 1 procedure.
(B)
All Replat Tentative Plans are reviewed under Type 2 procedure.
(C)
In addition to the Type 2 notice requirement specified in SDC 5.1.130,
when a utility easement is proposed to be realigned, reduced or increased
in width or omitted by any Replat, all affected utility companies
shall also be notified. Any utility company that desires to maintain
an easement subject to vacation under this section shall notify the
City in writing within 14 days of the mailing of the notice.
(6267; 6279)
All Replat Tentative Plans and Plats shall comply with all current
land division provisions as specified in SDC 5.12.105 through 5.12.165.
EXCEPTIONS:
(A)
All of the following additional information shall be required on
the Tentative Plan. Items 1. through 5. shall also be required on
the Replat Plat:
(1)
The word “Major Replat” or “Minor Replat”
shall be shown in the title block;
(2)
The name or reference number of the previous Plat and any additional
recording information shall be retained in the title of the Replat;
(3)
Blocks, lots/parcels and portions thereof which are being replatted
shall be identified, where applicable;
(4)
Original Plat information being deleted, abandoned, or changed by
the Replat shall be shown in a distinct line type on the drawing with
a note of explanation;
(5)
Any Replat of existing lots/parcels containing buildings shall show
existing building outlines including their setbacks from the proposed
property lines and lot/parcel coverage requirements, where applicable;
and
(6)
If applicable, obtain conveyance approval from the mortgage holder.
(B)
The Director may exempt certain aspects of and/or reports required
at Tentative Plan submittal, if a finding is made that the exemption
will not have an adverse impact on public safety. However, the applicant
shall submit a written request for an exemption to the Director prior
to submittal of the Tentative Plan.
(C)
If the existing land division abuts the riparian area of a Water
Quality Limited Watercourse (WQLW), as shown on the WQLW Map, the
water quality protection specified in SDC 4.3.115 shall not apply
to the Tentative Plan where that Plan includes 1 or more existing
single-unit detached dwellings or middle housing in the R-1 District
on lots/parcels 10,000 square feet in size or less. However, the water
quality protection specified in SDC 4.3.115 shall apply if the intent
of the Replat Tentative Plan is to create additional lots/parcels
and/or if the size of the lots/parcels containing existing single-unit
detached dwellings or middle housing is increased to more than 10,000
square feet in size.
(6267; 6443)
