The purpose of this chapter is to implement the objectives in subsections (1) through (5) of this section:
1. 
Provide rules, regulations. and standards governing the approval of subdivisions, partitions, and property line adjustments as follows:
a. 
Subdivisions are the creation of four or more lots in one calendar year.
b. 
Partitions are the creation of three or fewer lots in one calendar year.
c. 
Property line adjustments are modifications to lot lines or parcel boundaries that do not result in the creation of new lots (includes consolidation of lots).
2. 
Carry out the City's development pattern, as envisioned by the City's comprehensive plan.
3. 
Encourage efficient use of land resources and public services, and provide transportation options.
4. 
Promote the public health, safety, and general welfare through orderly and efficient urbanization.
5. 
Provide adequate light and air, prevent overcrowding of land, and provide for adequate transportation, water supply, sewage, fire protection, pollution control, surface water management, and protection against natural hazards.
(Ord. 987 § 1 (Exh. A), 2022)
1. 
Subdivision and Partition Approval Through Two-Step Process. Applications for subdivision or partition approval shall be processed by means of a preliminary plat evaluation and a final plat evaluation, according to the following two steps:
a. 
The preliminary plat must be approved before the final plat can be submitted for approval consideration; and
b. 
The final plat must demonstrate compliance with all conditions of approval of the preliminary plat.
Note: Property line adjustments and lot consolidation requests (i.e., no new lot is created) are subject to HMC § 19.20.120; but are not subject to HMC § 19.20.020 through § 19.20.110.
2. 
Compliance With ORS Chapter 92. All subdivision and partition proposals shall conform to State regulations in ORS Chapter 92, Subdivisions and Partitions.
3. 
Adequate Utilities. All lots created through land division shall have adequate public utilities and facilities such as streets, water, sewer, gas, and electrical systems, pursuant to Chapter 18.85 HMC. These systems shall be located and constructed underground where feasible.
4. 
Adequate Drainage. All subdivision and partition proposals shall have adequate surface water drainage facilities that reduce exposure to flood damage and improve water quality. Water quality or quantity control improvements may be required, pursuant to Chapter 18.85 HMC.
5. 
Adequate Access. All lots created or reconfigured shall have adequate vehicle access and parking to City or privately owned streets, as may be required, pursuant to Chapter 18.70 HMC.
6. 
Off-Site/Public Improvement. The City may impose off-site or on-site public improvements as a condition(s) of approval of the preliminary or final plat process as may be necessary to fulfill the purposes of HMC § 19.20.010.
(Ord. 987 § 1 (Exh. A), 2022)
1. 
Review of Preliminary Plat. Preliminary plats shall be processed using the Type III procedure under HMC § 19.10.040. All preliminary plats, including partitions and subdivisions, are subject to the approval criteria in HMC § 19.20.070.
2. 
Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of two years from the date of approval. The preliminary plat shall lapse if a final plat has not been submitted or other assurance provided, pursuant to HMC § 19.20.090, within the two-year period. The Planning Commission may approve phased subdivisions, pursuant to subsection (4) of this section, with an overall time frame of more than two years between preliminary and final plat approvals.
3. 
Modifications and Extensions. The applicant may request changes to the approved preliminary plat or conditions of approval following the procedures and criteria provided in Chapter 19.30 HMC. The Planning Commission may, upon written request by the applicant and payment of the required fee, grant written extensions of the approval period of a Type III procedure not to exceed one year per extension; provided, that all of the following criteria are met:
a. 
Any changes to the preliminary plat follow the procedures in Chapter 19.30 HMC;
b. 
The applicant has submitted written intent to file a final plat within the one-year extension period;
c. 
An extension of time will not prevent the lawful development of abutting properties;
d. 
There have been no materially inconsistent changes to the applicable code provisions on which the approval was based. If such changes have occurred, a new preliminary plat application shall be required; and
e. 
The extension request is made before expiration of the original approved plan.
f. 
The City Administrator may, upon written request and payment of the required fee, grant an extension, by a Type II procedure, of the approval period not to exceed one year.
g. 
The proposed changes are not materially inconsistent with the conditions of the original approval.
4. 
Phased Subdivision. The Planning Commission may approve plans for phasing a subdivision, and changes to approved phasing plans, provided the applicant's proposal meets all of the following criteria:
a. 
In no case shall the construction time period (i.e., for required public improvements, utilities, streets) for the first subdivision phase be more than 18 months;
b. 
Public facilities required for each phase shall be constructed in conjunction with or prior to each associated phase;
c. 
The phased development shall not result in requiring the City or a third party (e.g., owners of lots) to construct public facilities that are required as part of the approved development proposal;
d. 
The proposed phasing schedule shall be reviewed with the preliminary subdivision plat application; and
e. 
Planning Commission approval is required for modifications to phasing plans.
(Ord. 987 § 1 (Exh. A), 2022; Ord. 1002 § 2 (Exh. B), 2024)
1. 
Lot Size Averaging Subdivisions. To allow flexibility in subdivision design that meets the intent of the applicable code standards or to address physical constraints, such as topography, existing development, significant trees, and other natural and built features, the approval body may grant a 20 percent modification to the lot area and/or lot dimension (width/depth) standards in Chapter 18.45 HMC; provided, that the overall density of the subdivision does not exceed the allowable density of the district. The City Planning Commission may require screening, buffering, or other transitions as provided in Chapter 18.75 HMC in site design where substandard lots are proposed to abut standard- or larger-sized lots.
2. 
Flag Lots. Flag lots may be created only when a through street cannot be extended to serve abutting uses or future development due to a physical or legal barrier. A flag lot access driveway ("flag pole") shall serve not more than four flag lots taking access off the same flag pole, not including accessory dwellings. The layout of flag lots, the placement of buildings on such lots, and the alignment of shared drives shall be designed so that future street connections can be made as adjacent properties develop, to the extent practicable, and in accordance with the transportation connectivity and block length standards of HMC § 18.70.030 and § 18.85.020. All flag lot driveways shall be paved from the serving public or private street to the property line of each lot in conformance with the requirements of HMC § 18.70.030(4).
3. 
Infill Development and Mid-Block Drives. Mid-block drives are private drives serving four or more dwelling units with reciprocal access easements; such private drives are an alternative to requiring public right-of-way street improvements. Mid-block private drives, at a minimum, shall be paved, have adequate storm drainage, meet the construction specifications to uphold a 75,000-pound vehicle and conform to the standards of subsections (4) and (5) of this section.
4. 
Emergency Vehicle Access. A drive serving more than one lot shall have a reciprocal access and maintenance easement recorded for all lots it serves. Said easement shall be at least 25 feet wide at its most narrow point, paved, and able to carry 75,000/square foot of load and meet the requirements of HMC § 18.70.030. A five-foot-wide pedestrian walkway is required to be marked in paint. No fence, structure, or other obstacle shall be placed within the drive area. Emergency vehicle apparatus lanes, including any required turnaround, shall conform to applicable building and fire code requirements. Fire sprinklers may also be required for buildings that cannot be fully served by fire hydrants due to distance from hydrant, insufficient fire flow, or adjacency to wildfire areas.
5. 
Maximum Drive Length. The maximum length of a drive serving more than one dwelling is subject to requirements of the Uniform Fire Code, unless approved by the Fire Marshal and City Engineer.
(Ord. 987 § 1 (Exh. A), 2022; Ord. 1002 § 2 (Exh. B), 2024)
Applications for preliminary plat approval shall contain all of the following information:
1. 
General Submission Requirements.
a. 
Information required for a Type II or Type III review as required (see HMC § 19.10.030 or § 19.10.040); and
b. 
Public Facilities and Services Impact Study. The City may require additional analysis to demonstrate compliance with City standards under adopted ordinances and facility master plans based on the extent of required infrastructure and impact on public facilities and services. The impact study shall quantify and assess the effect of the development on the applicable identified public facilities and services. The City shall advise as to the scope of the study, which shall address the applicable municipal code standards at Chapter 18.85 HMC and the adopted public facilities master plans.
2. 
Preliminary Plat Information. In addition to the general information described in subsection (1) of this section, the preliminary plat application shall consist of drawings and supplementary written material (i.e., on forms and/or in a written narrative) adequate to provide all of the following information, in quantities as determined by the City Administrator:
a. 
General Information.
(1) 
Name of subdivision (partitions are named by year and file number), which shall not duplicate the name of another land division in Linn County (check with County Surveyor);
(2) 
Date, north arrow, and scale of drawing;
(3) 
Location of the development sufficient to define its location in the City, boundaries, and a legal description of the site;
(4) 
Zoning of parcel to be divided, including any overlay zones;
(5) 
A title block including the names, addresses, and telephone numbers of the owners of the subject property and, as applicable, the name of the engineer and surveyor, and the date of the survey; and
(6) 
Identification of the drawing as a "preliminary plat."
b. 
Existing Conditions. Except where the City Administrator deems certain information is not relevant, applications for preliminary plat approval shall contain all of the following information on existing conditions of the site:
(1) 
Streets: Location, name, and present width of all streets, alleys, and rights-of-way on and abutting the site;
(2) 
Easements, streets: Width, location and purpose of all existing easements of record on and abutting the site;
(3) 
Utilities: Location and identity of all utilities on and abutting the site or utilities proposed to be installed, including size, length, and materials. If water mains and sewers are not on or abutting the site, indicate the direction and distance to the nearest one and show how utilities will be brought to standards;
(4) 
Ground elevations shown by contour lines at two-foot vertical intervals. Such ground elevations shall be related to some established benchmark or other datum approved by the County Surveyor; the Planning Commission may waive this standard for partitions when grades, on average, are less than six percent;
(5) 
The location and elevation of the closest benchmark(s) within or adjacent to the site (i.e., for surveying purposes);
(6) 
North arrow and scale; and
(7) 
Other information, as deemed necessary by the City Administrator for review of the application. The City may require studies or exhibits prepared by qualified professionals to address specific site features and code requirements.
c. 
Proposed Development. Except where the City Administrator deems certain information is not relevant, applications for preliminary plat approval shall contain all of the following information on the proposed development:
(1) 
Proposed lots, streets, tracts, open space, and park land (if any); location, names, right-of-way dimensions, approximate radius of street curves; and approximate finished street center line grades. All streets and tracts that are being held for private use and all reservations and restrictions relating to such private tracts shall be identified;
(2) 
Easements: Location, width and purpose of all proposed easements;
(3) 
Lots and private tracts (e.g., private open space, common area, or street): Approximate dimensions, area calculation (e.g., in square feet), and identification numbers for all proposed lots and tracts;
(4) 
Proposed uses of the property, including all areas proposed to be dedicated as public right-of-way or reserved as open space for the purpose of surface water management, recreation, or other use;
(5) 
Proposed public street improvements, pursuant to Chapters 18.70 and 18.85 HMC;
(6) 
On slopes exceeding an average grade of 10 percent, as determined by the City Engineer, the preliminary location of development on lots (e.g., building envelopes), demonstrating that future development can meet minimum required setbacks and applicable engineering design standards;
(7) 
Preliminary design for extending City water and sewer service to each lot, per HMC § 18.85.040;
(8) 
Proposed method of storm water drainage, retention, and treatment, if required, pursuant to HMC § 18.85.050;
(9) 
The approximate location and identity of other utilities, including the locations of street lighting fixtures, as applicable;
(10) 
Evidence of compliance with applicable overlay zones, including but not limited to City of Harrisburg floodplain overlay; and
(11) 
Evidence of contact with the applicable road authority for proposed new street connections.
(Ord. 987 § 1 (Exh. A), 2022; Ord. 1002 § 2 (Exh. B), 2024)
1. 
Approval Criteria. The City Administrator may approve, approve with conditions or deny a preliminary partition. The City Administrator's decision shall be based on findings of compliance with all of the following approval criteria:
a. 
The land division application meets the requirements of HMC § 19.20.020 and this section;
b. 
The proposed lots conform to applicable provision requirements of Chapter 18.45 HMC for the assigned zone(s);
c. 
All lots are served by public facilities including water, sewer, electricity, surface water drainage, and streets, or private facilities if approved by the City Engineer;
d. 
The proposed surface water drainage facilities conform to applicable engineering standards;
e. 
All necessary public and/or private easements are in place to build/service and maintain all utilities, and any private access lanes or streets;
f. 
All lots demonstrate consistency with public facilities master plans including any required off-site improvements, and easements for planned trails or utility improvements, that are required to mitigate the impacts of development.
2. 
Conditions of Approval. The City Administrator may attach such conditions for final plat approval as are necessary to carry out provisions of this code and other applicable ordinances and regulations.
(Ord. 987 § 1 (Exh. A), 2022; Ord. 1002 § 2 (Exh. B), 2024)
1. 
Approval Criteria. The Planning Commission may approve, approve with conditions, or deny a preliminary subdivision plat. The Planning Commission's decision shall be based on findings of compliance with all of the following approval criteria:
a. 
The land division application shall conform to the requirements of this chapter;
b. 
All proposed lots, blocks, and proposed land uses shall conform to the applicable provisions of Chapter 18.45 HMC;
c. 
Access to individual lots, and public improvements necessary to serve the development, including but not limited to water, sewer, and streets, shall conform to Chapters 18.70 and 18.85 HMC;
d. 
The proposed plat name is not already recorded for another subdivision, and satisfies the provisions of ORS Chapter 92;
e. 
The proposed streets, utilities, park land or open space dedication, and surface water drainage facilities, as applicable, are consistent with the City of Harrisburg adopted public facilities master plans and comply with applicable engineering standards, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications;
f. 
All proposed private common areas and improvements, if any, are identified on the preliminary plat and maintenance of such areas is assured through appropriate legal instrument;
g. 
Evidence that any required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development; and
h. 
Evidence that improvements or conditions required by the City, road authority, Linn County, special districts, utilities, and/or other service providers, as applicable to the project, have been or can be met.
2. 
Conditions of Approval. The Planning Commission may attach such conditions as are necessary to carry out provisions of this code, and other applicable ordinances and regulations.
(Ord. 987 § 1 (Exh. A), 2022; Ord. 1002 § 2 (Exh. B), 2024)
1. 
Submission. The applicant shall submit the final plat within two years of final approval of the preliminary plat by the City Administrator. The format of the plat shall conform to ORS Chapter 92.
2. 
Approval Process and Criteria. By means of a Type I review, the City Administrator shall approve or deny the final plat application based on findings of compliance or noncompliance with all the following criteria:
a. 
The final plat is consistent with the approved preliminary plat including required conditions of approval;
b. 
All required public improvements have been installed and/or bonded in conformance with HMC § 18.85.090;
c. 
All required easements, accesses, rights-of-way, etc., are dedicated for public or City use without reservation;
d. 
All required CC&Rs, easements, maintenance agreements, and common areas shall be furnished with final plat application;
e. 
Evidence that City water and sewer are available not more than 25 feet from the nearest lot line;
f. 
Evidence is supplied that a certified survey has been conducted, all required monuments and property pins placed and recorded and the survey has been approved by the County Surveyor.
(Ord. 987 § 1 (Exh. A), 2022)
Final plats require review and approval by the City Administrator or their designee prior to recording with Linn County. The final plat submission requirements, approval criteria, and procedure are as follows:
1. 
Submission Requirements. The applicant shall submit the final plat within two years of the approval of the preliminary plat as provided by HMC § 19.20.070. The format of the plat shall conform to ORS Chapter 92.
2. 
Approval Process and Criteria. By means of a Type I review, the City Administrator or their designee shall review and approve or deny the final plat application based on findings of compliance or noncompliance with all of the following criteria:
a. 
The final plat is consistent in design (e.g., number, area, dimensions of lots, easements, tracts, rights-of-way) with the approved preliminary plat, and all conditions of approval have been satisfied;
b. 
All public improvements required by the preliminary plat have been installed and approved by the City or applicable service provider if different than the City of Harrisburg (e.g., road authority), or otherwise bonded in conformance with HMC § 18.85.090;
c. 
The streets and roads for public use are dedicated without reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public utilities;
d. 
All required streets, access ways, roads, easements, and other dedications or reservations are shown on the plat;
e. 
The plat and deed contain a dedication to the public of all public improvements, including, but not limited to, streets, public pathways and trails, access reserve strips, parks, and water and sewer facilities, as applicable;
f. 
As applicable, the applicant has furnished acceptable copies of covenants, conditions, and restrictions (CC&Rs) (if any); easements; maintenance agreements (e.g., for access, common areas, parking, etc.); and other documents pertaining to common improvements recorded and referenced on the plat;
g. 
Verification by the City that water and sanitary sewer service is available to the lot line of every lot depicted on the plat; and
h. 
The plat contains an affidavit by a certified surveyor who surveyed the land, represented on the plat to the effect the land was correctly surveyed and marked with proper monuments as provided by ORS Chapter 92, indicating the initial point of the survey, and giving the dimensions and kind of each monument and its reference to some corner approved by the Linn County Surveyor for purposes of identifying its location.
(Ord. 987 § 1 (Exh. A), 2022)
A new lot is not a legal lot for purposes of ownership (title), sale, lease, or development/land use until a final plat for the subdivision or partition containing the lot is recorded with Linn County.
Requests to validate an existing lot created through means other than a final plat ("lot of record") shall follow the procedures set forth in ORS 92.010 to 92.190. The final plat filing and recording requirements are as follows:
1. 
Filing Plat with County. Within 60 days of City approval of the final plat and the required signatures of City officials, the applicant shall submit the final plat to Linn County for signatures of County officials, as required by ORS Chapter 92.
2. 
Proof of Recording. Upon final recording with the County, the applicant shall submit to the City a mylar copy and three paper copies of all sheets of the recorded final plat. This shall occur prior to the issuance of building permits for the newly created lots.
3. 
Prerequisites to Recording the Plat.
a. 
No plat shall be recorded unless all ad valorem taxes and all special assessments, fees, or other charges required by law to be placed on the tax roll have been paid in the manner provided by ORS Chapter 92.
b. 
No plat shall be recorded until the County Surveyor, Planning Commission, or City Administrator approves it in the manner provided by ORS Chapter 92.
(Ord. 987 § 1 (Exh. A), 2022)
Any plat or portion thereof may be replatted or vacated upon receiving an application signed by all of the owners as appearing on the deed. Except as required for street vacations, the same procedure and standards that apply to the creation of a plat (preliminary plat followed by final plat) shall be used to replat or vacate a plat. Street vacations are subject to ORS Chapter 271. A replat or vacation application may be denied if it abridges or destroys any public right in any of its public uses, improvements, streets or alleys; or if it fails to meet any applicable City standards.
(Ord. 987 § 1 (Exh. A), 2022)
A property line adjustment is the modification of a lot boundary when no lot is created. The City Administrator reviews applications for property line adjustments pursuant to the Type I procedure under HMC § 19.10.020. The application submission and approval process for property line adjustments is as follows:
1. 
Submission Requirements. All applications for property line adjustment shall be made on forms provided by the City and shall include information required for a Type I review, pursuant to HMC § 19.10.020. The application shall include a preliminary lot line map drawn to scale identifying all existing and proposed lot lines and dimensions, footprints and dimensions of existing structures (including accessory structures), fences and walls, location and dimensions of driveways and public and private streets within or abutting the subject lots and any other information deemed necessary by the City Administrator for ensuring compliance with City codes. The application shall be signed by all of the owners as appearing on the deeds of the subject lots.
2. 
Approval Criteria. The City Administrator shall approve or deny a request for a property line adjustment in writing, based on all of the following criteria:
a. 
Parcel Creation. No additional (new) parcels or lots are created by the lot line adjustment;
b. 
Lot Standards. All resulting lots conform to the applicable lot standards of the zoning district (Chapter 18.45 HMC) including lot area, dimensions, setbacks, and coverage. As applicable, all lots and parcels shall conform the City of Harrisburg floodplain overlay; and
c. 
Access and Road Authority Standards. All lots conform to the standards or requirements of Chapter 18.70 HMC, Access and Circulation, and all applicable road authority requirements are met. If a lot is nonconforming to any City or road authority standard, it shall not be made less conforming by the property line adjustment.
3. 
Recording Property Line Adjustments.
a. 
Recording. Upon the City's approval of the proposed property line adjustment, the applicant shall record the property line adjustment documents with Linn County within 60 days of approval (or before the decision expires) and submit a copy of the recorded survey map to the City, to be filed with the approved application.
b. 
Time Limit. The applicant shall submit a copy of the recorded property line adjustment survey map to the City within 15 days of recording and prior to any application being filed for a building permit on the reconfigured lots.
(Ord. 987 § 1 (Exh. A), 2022)