A. 
No land may be partitioned except in accordance with this title.
B. 
The procedure for review and action on partition applications is intended to provide orderly and expeditious processing of such applications and to require conditions of development approval to protect the health and safety of the citizens.
(Ord. 974 § 4 (Exh. A.2 § 310), 1998)
A. 
The applicant shall prepare and submit a city of Rainier development application, available from the city recorder.
B. 
The application shall contain:
1. 
The name(s), address(es) and telephone number(s) of the property owner(s) and applicant(s), and when applicable, the name and address of the design engineer or surveyor;
2. 
The signature(s) of the property owner(s) and applicant(s); and
3. 
The site location by address and current county tax assessor's map and tax lot number(s).
C. 
The partition application shall be submitted to the city recorder, along with:
1. 
The partition plan;
2. 
Preliminary utility plans for streets, water, sanitary sewer and storm drainage; and
3. 
Other supplementary material as may be required, such as deed restrictions or, for all nonbuildable areas or tracts to be dedicated or reserved for public use, a statement of ownership, use, covenants, conditions, limitations and responsibility for maintenance.
D. 
The following general information shall be shown on the preliminary partition plat:
1. 
Appropriate identification clearly stating the map is a plan;
2. 
The name(s), address(es) and telephone number(s) of the property owner(s) and applicant(s), and when applicable, the name and address of the design engineer or surveyor;
3. 
The date the plan was prepared;
4. 
North arrow;
5. 
Scale of drawing;
6. 
Location of the partition by one-quarter section, township and range;
7. 
Existing streets (public or private), including location, name, centerline, right-of-way and pavement width on and abutting the site, and the location of existing and proposed access points;
8. 
Proposed streets (public or private), including location, centerline, right-of-way and pavement width, approximate radius of curves and approximate grades of proposed streets on the subject property and within 300 feet of the site;
9. 
An outline plan demonstrating that the adjacent property can be divided in the future in a manner that is consistent with the partition plan, and illustrating the connections to transit routes, pedestrian and bike facilities, and accessways to adjacent properties;
10. 
Easements, including the location, width and purpose of recorded and proposed easements in or abutting the proposed site;
11. 
Public utilities, including the approximate location, size and grade of all existing and proposed sanitary sewers, the approximate location, size and grade of all existing and proposed on-site and off-site storm drainage lines, and the approximate location and size of water lines;
12. 
Flood areas, including the location of any floodplain, drainage hazard areas and other areas subject to flooding or ponding;
13. 
Natural resources, including the location of natural features, such as rock outcroppings, wetlands, watercourses, creeks, wooded areas and trees having a trunk diameter of eight inches or greater, as measured at a point four feet above ground level, proposed to be removed and to be retained on-site;
14. 
Approximate parcel dimensions, including all existing property lines and their lengths and the approximate location and dimensions of all proposed parcels;
15. 
Approximate area of each parcel;
16. 
Proposed parcel numbers;
17. 
Existing structures, including the location and present use of all structures, wells and septic tanks on the site and an indication of which structures, wells and septic tanks are to remain after platting; indicate all city-designated historic landmarks;
18. 
All parcels or tracts of land intended to be dedicated or reserved for public use;
19. 
A vicinity map showing a minimum one-mile radius;
20. 
Contour lines with intervals at a minimum of two feet for slopes up to five percent and five feet for slopes over five percent; and
21. 
Other information required by the city planner.
E. 
The partition application shall be accompanied by a nonrefundable fee as established by city council resolution. The partition application shall not be deemed complete until the fee has been paid to the city. The public works superintendent shall not issue a recommended decision on the partition application or any part thereof until the fee required by this section has been paid. This fee is not intended to apply towards any building permit fees that may be required.
F. 
The city planner may require information in addition to that stated in this section.
G. 
Unless otherwise specified in the preliminary partition plat application, approval, or in express direction from the city planner, any material submitted by the applicant with the preliminary partition plat application which exceeds the requirements of this title or other regulations shall be considered a part of the recommended decision.
H. 
The applicant has the burden in all cases of demonstrating compliance with applicable development regulations.
I. 
The applicable time period for action on the preliminary partition plat application shall not commence until the city planner has determined that the application is complete.
1. 
In the event such determination of completeness is not made within 30 days of the date of its submission, or resubmission, the development application shall be deemed complete upon the expiration of the 30-day period for purposes of commencing the applicable time period, unless:
a. 
The application lacks information required to be submitted; or
b. 
The required fees have not been submitted; and
c. 
The city planner has notified the applicant in writing of the deficiencies in the application within 30 days of submission of the partition application.
2. 
The city planner may subsequently require correction of any information found to be in error or submission of additional information not specified in this title, as deemed necessary to make an informed decision, though such additional or corrected information will result in extending the applicable time period for action by the city.
J. 
The city planner shall prepare the standard form of development application for preliminary partition plats, including provisions which will best accomplish the intent of this section.
(Ord. 974 § 4 (Exh. A.2 § 320), 1998; Ord. 1091 § 2, 2023)
A. 
Before a decision to approve a preliminary partition plat application, it shall first be established that the partition proposal conforms to the Rainier comprehensive plan, RMC Title 18, the public improvement requirements contained in Chapter 17.30 RMC and other applicable city ordinances and regulations. Failure to conform is sufficient reason to deny the application.
B. 
Prior to the city planner issuing a decision on the preliminary partition plat application, the applicant shall obtain any required land use approvals, including but not limited to plan amendment, variance and conditional use permit.
C. 
After the preliminary partition plat application is deemed complete, the city recorder shall provide one copy of the partition plan and supplemental material to, and invite comments from:
1. 
Governmental agencies, including the Rainier School District, the Rainier rural fire protection district, the Oregon Department of Transportation, and Columbia County;
2. 
Utility companies;
3. 
City departments; and
4. 
Any other parties expressing any interest in the project.
D. 
Failure of the city to send the information set forth in subsection C of this section to a person or agency, or failure of a person or agency to receive such information, shall not invalidate any proceeding in connection with the partition application.
E. 
Prior to issuing a decision the city planner may conduct one or more review meetings with the applicant, governmental agencies, utility companies and any other interested parties.
F. 
Where, in the opinion of the city planner, the partition plan raises substantial questions over the requirements of this title, the Rainier comprehensive plan or RMC Title 18, or because of its size, location or complexity is likely to raise concern from a substantial portion of nearby property owners or citizens, the city planner, without reaching a decision on the application, may, after determining the application is complete, request a review by the planning commission. Such planning commission review shall then be conducted in accordance with the requirements for quasi-judicial decisions under RMC Title 18. The city planner shall prepare a report for presentation to the planning commission, which may include recommendations on the partition application.
(Ord. 974 § 4 (Exh. A.2 § 330), 1998; Ord. 1091 § 2, 2023)
A. 
Unless the city planner refers the preliminary partition plat application to the planning commission as set forth in RMC § 17.15.030(F), the city planner shall render a decision.
B. 
No preliminary partition plat application shall be approved unless the public works superintendent determines that adequate public facilities are available to serve the proposed partition.
C. 
The city planner's decision may be to approve, approve with conditions or deny the partition application based upon demonstrated compliance with applicable city regulations. The city planner's decision shall be supported by written findings and reasons for the decision. Findings and reasons may consist of references to the applicable development standard or ordinance provisions.
D. 
The decision shall be written, and at a minimum shall identify the applicant, the date of the decision, the decision, and any time frame and conditions to which the decision is subject.
E. 
The decision of the city planner shall not be considered a final decision until notice is given in writing to the applicant and parties of record, and filed with the city recorder.
F. 
The recommended decision of the public works superintendent shall become final 10 city business days after the date the notice of the decision is given unless the applicant files a written request for review of the decision by the planning commission city recorder within 10 city business days of the final decision. If a request for planning commission review is timely and properly filed, the decision on the partition application shall not be final until a final determination is made by the planning commission.
G. 
The final decision of the public works superintendent, or approval by the planning commission, shall expire 12 months from the date the final decision is issued, or the resolution is adopted.
H. 
A partition plan approval may include restrictions and conditions. These restrictions and conditions shall be reasonably conceived to:
1. 
Protect the public from the potentially deleterious effects of the proposal;
2. 
Fulfill the need for public facilities and services created by the proposal, or increased or in part attributable to the impacts of the proposal;
3. 
Further the implementation of the requirements of the Rainier comprehensive plan and RMC Title 18.
(Ord. 974 § 4 (Exh. A.2 § 340), 1998; Ord. 1091 § 2, 2023)
A. 
After the preliminary partition plat application has received final approval, whether or not subject to conditions, but before the final partition plat has been approved, any proposed modifications to the preliminary partition plat shall be submitted to the city planner for approval. The city planner shall determine if the proposed modifications are material or immaterial in nature. The decision shall be filed with the city recorder, and mailed to the applicant and parties of record.
B. 
Any proposed modification that is determined to be material in nature, or which results in a preliminary partition plat that no longer meets the conditions of the final decision and the requirements of the Rainier comprehensive plan and RMC Title 18 and other applicable regulations, shall be submitted to the city planner in accordance with RMC § 17.15.020.
C. 
The nonrefundable fee for modification of the final decision, as established by resolution of the city council, shall be submitted along with the request for modification.
(Ord. 974 § 4 (Exh. A.2 § 342), 1998; Ord. 1091 § 2, 2023)
A. 
When a request for review by the planning commission is received by the city recorder, the review hearing shall be scheduled for an appropriate planning commission meeting date.
B. 
The planning commission shall conduct a hearing in accordance with quasi-judicial evidentiary hearing procedures set forth in RMC Title 18.
C. 
After conducting a hearing the planning commission shall approve, approve with conditions or deny the application under review. The decision shall include findings of fact and conclusions for the decision, which shall be based upon applicable criteria.
D. 
The decision shall be written and at a minimum shall identify the partition application, the applicant or a person to be contacted on behalf of the applicant, the date of the decision, the decision, and any conditions of approval.
E. 
The decision of the planning commission may be appealed to city council as set forth in RMC § 18.160.040.
(Ord. 974 § 4 (Exh. A.2 § 350), 1998; Ord. 1091 § 2, 2023)
A. 
Within 12 months after the issuance of the final decision, the applicant shall cause the site to be surveyed and a final partition plat prepared and supplemental information submitted to the city planner in conformance with the final decision and this title.
B. 
If the applicant has not submitted the final partition plat and all supplemental information to the city recorder not less than 30 days before such 12-month period expires, the final decision shall expire at the end of said 12 months, unless the applicant requests an extension of the final decision.
(Ord. 974 § 4 (Exh. A.2 § 370), 1998; Ord. 1091 § 2, 2023)
A. 
In addition to information otherwise specified by ORS Chapter 92, the following information shall be submitted on the partition plat:
1. 
Date, north arrow, scale of drawing, and legend;
2. 
The location, width and centerline of all streets, accessways and recorded easements intercepting the boundary of the site;
3. 
All existing and proposed easements shall be shown and shall be clearly identified as to intended purpose; the easement width, length and bearing shall be shown; and sufficient ties to locate the easement with respect to the plat shall be shown;
4. 
The width of the portion of any street being created; the width of any existing right-of-way; new and existing streets shall be identified by the approved street names;
5. 
Identification of land to be dedicated or reserved for any purpose, public or private, to distinguish it from parcels intended for conveyance and building purposes;
6. 
A declaration as required by ORS 92.075; and
7. 
Plat restrictions required in the final decision or partition plan approval.
B. 
Supplemental information with the final partition plat shall include:
1. 
Any deed restrictions;
2. 
Dedication deeds requiring separate documents;
3. 
Copies of instruments conveying or dedicating property or interests to the city, county, the state of Oregon or other public agency, if not conveyed by the plat;
4. 
When required, written certification by the applicant's engineer that private streets have been constructed in accordance with the partition plan approval and city standards; and
5. 
Provisions for access to, and maintenance of, drainage facilities not located within public streets, if any.
(Ord. 974 § 4 (Exh. A.2 § 372), 1998; Ord. 1091 § 2, 2023)
A. 
Upon receipt by the city planner, the partition plat and related materials shall be reviewed for compliance with the final decision and applicable regulations.
B. 
If the city planner determines that the final partition plat conforms with the final decision and other requirements, disregarding immaterial changes, the mayor and city recorder shall be so advised. The mayor may then approve the partition plat by signing it without further action by the planning commission.
C. 
If the partition plat is not in full conformance with the final decision and applicable regulations, it shall be returned to the applicant for revision and resubmittal.
(Ord. 974 § 4 (Exh. A.2 § 374), 1998; Ord. 1091 § 2, 2023)
A. 
After approval by the mayor, the city recorder shall return the partition plat and other related materials to the applicant, who shall transmit them to the county surveyor.
B. 
After the county surveyor determines the partition plat and related materials fully conform with state and county requirements, and receives payment of the required fees for such service, the county surveyor will approve the plat and deliver it to the county recorder's office.
C. 
No building permits shall be issued until the applicant obtains and delivers to the city recorder a copy of the partition plat showing that it has been officially approved by the county surveyor and recorded.
(Ord. 974 § 4 (Exh. A.2 § 376), 1998; Ord. 1091 § 2, 2023)