Title 16 SUBDIVISIONS

Transcription

1 Title 16 SUBDIVISIONS Page 1/76 Title 16 SUBDIVISIONS Chapters: General Provisions Tentative Plans Hearings on Tentative Plans Final Plats Partitions Improvements Design Standards Variances Appeals Violation Penalty Appendix Figures For fee schedule and methodology, see Chapter EPMC.

2 Chapter GENERAL PROVISIONS Page 2/76 Sections: Purpose Definitions Scope of regulations. Chapter GENERAL PROVISIONS Purpose. The purpose of this title is to establish for the city of Eagle Point a set of regulations and guidelines for the parcelization and development of land within the city, and to complement the city zoning ordinance (EPMC Title 17) to implement, in part, the city comprehensive plan. [Ord (Exh. A), 1990; Ord (Exh. A), 1981] Definitions. As used in this title, the masculine gender includes the feminine and neuter gender and the singular includes the plural. The following words and phrases, unless the context otherwise requires, shall mean: Boundary line adjustment means replatting of the property line between two approved and recorded parcels, not involving creation of new or additional lots or parcels. Building line means a line on a plat indicating the limit beyond which buildings or structures may not be erected. City engineer means any engineer registered with the state of Oregon employed or designated by the city to perform the function or functions described herein. Such engineer may be employed or designated either generally or with respect to a particular matter or matters. Development plan means any plan adopted by the planning commission for the guidance of growth and improvement of the city, including adjustments made from time to time to meet changing conditions or unanticipated problems and conditions affecting the public or landowners, and shall include the city s comprehensive land use plan and map, the city s zoning map and ordinance and the subdivision ordinance codified in this title, as revised. Easement means a grant of the right to use a strip of land for specific purposes. Lot means a parcel or unit of land that is created by a subdivision of land. 1. Corner lot means a lot where at least two adjacent sides of the lot abut streets other than alleys; provided, that the angle of intersection of the adjacent streets does not exceed 135 degrees. 2. Reversed corner lot means a corner lot, the side street line of which is substantially a continuation of the front lot line of the first lot to its rear. 3. Through lot means a lot having frontage on two parallel or approximately parallel streets other than alleys. Parcel means a unit of land that is created by a partitioning of land. Partition means either an act of partitioning land or an area or tract of land partitioned. May be either a major partition or a minor partition.

3 Chapter GENERAL PROVISIONS Page 3/76 1. Major partition means a partition which includes the creation of a street. 2. Minor partition means a partition that does not include the creation of a street. Partition land means to divide an area or tract of land into two or three parcels within a calendar year when such area or tract of land exists as a unit or contiguous units or land under single ownership at the beginning of such year. Partition land does not include a division of land resulting from a lien foreclosure, foreclosure of a recorded contract for sale of real property or the creation of cemetery lots; an adjustment of a lot line by a relocation of a common boundary where an additional parcel is not created and where the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by any applicable zoning ordinance; or a sale or grant by a person to a public agency or public body for state highway, county road, city street or other right-of-way purposes, provided such road or right-of-way complies with the city of Eagle Point comprehensive plan and ORS (2)(g) to (s) and (2) (g) to (r). Partition plat means a final map and other writings containing all the descriptions, locations, specifications and information concerning a major or minor partition. Pedestrian way means a right-of-way for pedestrian traffic. Person means an individual, firm, partnership, corporation, company, association, syndicate or any legal entity, and including any trustee, receiver, assignee or other similar representative thereof. Planning commission means the planning commission of the city. Right-of-way means the area between boundary lines of a street or other easement. Sidewalk means a pedestrian walkway with permanent surfacing. Street means a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, including a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry purposes. Includes the terms road, highway, land, place, avenue, alley, or other similar designations. 1. Alley means a narrow street through a block primarily for vehicular service access to the back or side of properties otherwise abutting on another street. 2. Arterial means a street intended to provide for high volume travel within Eagle Point or between Eagle Point and other communities, or to and from collectors and other arterials within or without Eagle Point. 3. Collector means a street intended to connect traffic between arterials and to service community facilities; used to some extent for through traffic and to some extent for access to abutting properties. 4. Cul-de-sac (dead-end street) means a short street having one end open to traffic and being terminated by a vehicle turnaround. 5. Half street means a portion of the width of a street, usually along the edge of a subdivision where the remaining portion of the street has been or could later be provided in another subdivision. 6. Marginal access street means a minor street parallel and adjacent to a major arterial street providing access to abutting properties, but protected from through traffic.

4 Chapter GENERAL PROVISIONS Page 4/76 7. Minor street means a street intended exclusively for access to abutting properties. 8. Business or arterial street means any block of a primary or secondary arterial street wherein a majority of the frontage is used, zoned or intended for business or industrial use. Subdivide land means to divide an area or tract of land into four or more lots within a calendar year when such area or tract of land exists as a unit or contiguous units of land under a single ownership at the beginning of such year. Subdivision means either an act of subdividing land or an area or a tract of land subdivided. Subdivision plat means a final map, and other writings containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision. [Ord ; Ord (Exh. A 1), 1990; Ord. SB/PS (Exh. A), 1986; Ord (Exh. A 1), 1981] Scope of regulations. A. These regulations apply, as set forth herein, to all subdivisions and partitions in the city of Eagle Point. B. Subdivisions approved as part of a planned development are exempt from the standard regulations of this title. [Ord (Exh. A 2), 1990; Ord (Exh. A 2), 1981].

5 Chapter TENTATIVE PLANS Page 5/76 Chapter TENTATIVE PLANS Sections: Submission of tentative subdivision plan Scale General information Existing conditions Partial development Explanatory information with tentative plan Supplemental proposals with tentative plan Preliminary review of tentative plan Submission of tentative subdivision plan. A subdivider shall prepare a tentative plan together with improvement plans and other supplementary material as may be required to indicate the general program and objectives of the project, and shall submit five copies of the tentative plan to the city administrator s office, along with a filing fee of money sufficient to cover the anticipated expenses, as determined by the city administrator, at least 15 days prior to the planning commission meeting at which consideration of the plan is desired. The expenses shall include city engineer s review fees, city planning advisor review fees, county surveyor fees, city attorney fees, overhead and administrative expense allocated to the city administrator/planning director, and any other costs incurred by the city in order to review and process the proposed subdivision plan. At any time prior to completion of the approval process, the city administrator may require the deposit of additional fees to cover these expenses or anticipated expenses. The failure of the subdivider to comply with this requirement shall be deemed to constitute the subdivider s withdrawal of the tentative plan. At the completion of the approval process, any surplus remaining from the total fees deposited shall be refunded to the subdivider. [Ord (Exh. A 3), 1990; Ord (Exh. A 3), 1981] Scale. The preliminary plat or map shall be drawn by a registered Oregon professional land surveyor, on a sheet 18 by 24 inches in size, with an additional three-inch binding edge on the left side when required for the final plat or map by the Jackson County clerk or surveyor, at a scale of one inch equals 100 feet or, for areas over 100 acres, one inch equals 200 feet, or at such scale as may be required by the Jackson County surveyor for subdivision plats, and shall be clearly and legibly reproduced. [Ord (Exh. A 4), 1990; Ord (Exh. A 4), 1981] General information. The following general information shall be shown on the tentative plan of a subdivision:

6 Chapter TENTATIVE PLANS Page 6/76 A. Proposed name of the subdivision. This name must not duplicate or resemble the name of another subdivision in the county and shall be approved by the planning commission; B. Date, north point and scale of drawing; C. Appropriate identification of the drawing as a tentative plan; D. Location of the subdivision by section, township and range and a legal description sufficient to define the location and boundaries of the proposed tract or the tract designation or other description according to the records of the county assessor; E. Names and addresses of the owner or owners, subdivider and surveyor. [Ord (Exh. A 5), 1990; Ord (Exh. A 5), 1981] Existing conditions. The following existing conditions shall be shown on the tentative plan: A. The location, width and names of all existing or platted streets or other public ways within or adjacent to the tract, easements, railroad right-of-way and such other important features within or adjacent to the tract as may be required by the city engineer; B. Contour lines related to some established benchmark or other datum as approved by the city engineer when the planning commission determines that the nature of the topography or size of the subdivision requires such data. Contour lines shall have the following minimum intervals: 1. Two-foot contour intervals for ground slopes less than five percent; 2. Five-foot contour intervals for ground slope exceeding five percent; C. The location of at least one temporary benchmark within the plat boundaries; D. Location and direction of all watercourses; E. Natural features, such as rock outcroppings, marshes, and wooded areas; F. Existing uses of the property, including location of all existing structures which the subdivider proposes to leave on the property after platting. [Ord (Exh. A 6), 1990; Ord (Exh. A 6), 1981] Partial development. Where the plat to be subdivided contains only part of the tract owned or controlled by the subdivider, the planning commission or council may require a sketch of a tentative layout for streets in the unsubdivided portion. [Ord (Exh. A 7), 1990; Ord (Exh. A 7), 1981] Explanatory information with tentative plan. Any of the following information may be required by the council or planning commission and if it cannot reasonably be shown on the tentative plan, it shall be submitted in separate statements accompanying the tentative plan: A. A vicinity map showing all existing subdivisions, streets and unsubdivided land ownerships adjacent to the proposed subdivision, and showing how proposed streets may be extended to connect to existing streets; B. Proposed deed restrictions in outline form; C. Approximate center line profiles showing the proposed finished grade of all streets, including the extensions for a reasonable distance beyond the limits of the

7 Chapter TENTATIVE PLANS Page 7/76 proposed subdivision. [Ord (Exh. A 8), 1990; Ord (Exh. A 8), 1981] Supplemental proposals with tentative plan. Any of the following may be required by the planning commission or council to supplement the plan of subdivision: A. Approximate center line profiles with extensions for a reasonable distance beyond the limits of the proposed subdivision showing the finished grade of streets and the nature and extent of street construction; B. A plan for domestic water supply lines and related water service facilities; C. Proposals for sewage disposal, storm water drainage and flood control, including profiles of proposed drainage ways; D. If lot areas are to be graded, a plan showing the nature of cuts and fills and information on the character of the soil; E. Proposals for other improvements such as electric utilities and sidewalks. [Ord (Exh. A 9), 1990; Ord (Exh. A 9), 1981] Preliminary review of tentative plan. Upon receipt, the city planning director shall make available copies of the tentative plan and the supplementary material to such agencies as are known to be affected. Such agencies shall be given a reasonable time to review the plan and to suggest revisions that appear to be in the public interest. [Ord (Exh. A 10), 1990; Ord. SB/PS (Exh. A 10), 1986; Ord (Exh. A 10), 1981].

8 Chapter HEARINGS ON TENTATIVE PLANS Page 8/76 Chapter HEARINGS ON TENTATIVE PLANS Sections: Approval of tentative subdivision plan Review by council Notice and hearing procedures Approval of tentative subdivision plan. Within 40 days after an application for approval of a tentative plan of a subdivision has been submitted to the city, and the application has been found to be complete, the planning commission shall hold a public hearing on the application. Notice shall be given, and the hearing conducted, in accordance with the provisions of EPMC The action of the commission shall be accompanied by findings of fact in accordance with state and local law. [Ord (Exh. A 11), 1990; Ord (Exh. A 11), 1990; Ord. SB/PS (Exh. A 11), 1986; Ord (Exh. A 11), 1981] Review by council. The recommendation of the planning commission shall be forwarded to the city council, which shall set a public hearing at the earliest date for which notice may be provided in accordance with EPMC Notice shall be given, and the hearing conducted, in accordance with the provisions of EPMC ; except, that if the date of the council hearing is then known, the notice for the planning commission and city council hearings may be combined. Following the public hearing, the council shall approve, deny or approve with conditions the application. The action of the council shall be accompanied by findings of fact in accordance with state and local law, and shall occur no more than 120 days after the application has been found to be complete, unless this time limit is waived by the applicant. The decision of the council shall be in the form of a resolution, a true copy of which shall be mailed to the applicant, return receipt requested. [Ord (Exh. A 12), 1990; Ord (Exh. A 12), 1990; Ord. SB/PS (Exh. A 12), 1986] Notice and hearing procedures. A. Notice. At least 20 days before the public hearing, written notice of the hearing shall be mailed to all owners of property within 100 feet of the site or, if the site is entirely outside of the urban growth boundary, to all owners of property within 250 feet of the site or, if the site is within a farm or forest zone, to all owners of property within 500 feet of the site. B. Notice Contents. The notice shall contain all of the following elements: 1. A brief explanation of the nature of the application and the proposed use or uses which could be authorized; 2. A list of all applicable criteria from the ordinance and/or comprehensive plan which apply to the application;

9 Chapter HEARINGS ON TENTATIVE PLANS Page 9/76 3. The street address or other easily understood geographical reference to the subject property; 4. The date, time and location of the hearing; 5. A warning which states: FAILURE TO RAISE AN ISSUE BY THE CLOSE OF THE RECORD OR FOLLOWING THE FINAL EVIDENTIARY HEARING, IN PERSON OR BY LETTER, AND WITH SUFFICIENT SPECIFICITY TO ALLOW THE DECISION MAKER TO RESPOND, PRECLUDES AN APPEAL TO THE STATE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. 6. The name and telephone number of the planning director or other designated individual at the city, where additional information may be obtained; 7. A statement that copies of: (a) the application; (b) all documents and evidence relied upon by the applicants; (c) applicable criteria; and (d) at least seven days before the hearing, the staff report, are all available for inspection at no cost, and will be provided upon request at a reasonable cost; and 8. A general explanation of the requirements for submission of testimony and the procedure for conduct of hearings. C. Proof of Notice. An affidavit shall be completed by the planning director representing that the required notice was provided to the appropriate individuals, including a list of the names and addresses of the individuals to whom notice was sent, and the date of such notification. D. Notice in Newspaper. A summary notice, setting forth the general nature of the application, the names of the applicant, and the date, time and location of the hearing, shall be published in a local newspaper at least one week prior to the hearing. If there is no local newspaper, it shall be published in a newspaper of general circulation within the city. E. Submission of Evidence. 1. By Applicant. The applicant must submit all documents or evidence in support of the application at least 20 days before the hearing. 2. By Others in Support of the Application. Persons other than the applicant may submit documents or evidence in support of the application as late as at the hearing itself. 3. By Opponents. Persons may submit documents or evidence in opposition to the application as late as at the hearing itself and for at least seven days after the hearing if someone other than the applicant submits documents or evidence in support of the application or a participant at the hearing requests, before the hearing concludes, for the record to be kept open. 4. Rebuttal. The applicant and other persons who have participated at the hearing may submit documents or evidence rebutting evidence submitted in opposition to the application at the hearing and for at least seven days after the hearing if a participant at the hearing requests, before the hearing concludes, for the record to be kept open. F. Continuance of Hearing/Record. 1. Continuance. If additional documents or evidence is provided in support of the application, any party shall be entitled to a continuance of the hearing. The period of

10 Chapter HEARINGS ON TENTATIVE PLANS Page 10/76 any such continuance shall not be included within the 120-day time limit otherwise provided by state law and by this title. 2. Record. The record shall remain open for at least seven days after the initial hearing if a participant at the hearing requests, before the hearing concludes, for the record to be kept open. G. Statement at Commencement of Hearing. At the commencement of a hearing, the presiding officer shall make a statement including: 1. An outline of the general procedures and rules for the conduct of the hearing; 2. A list of the applicable criteria for the decision; 3. A statement that testimony and evidence must be directed toward the applicable criteria, or towards such criteria in the comprehensive plan or land use regulations which a person believes to apply to the decision; 4. A statement that issues must be raised by the close of the record at or following the hearing or continued hearing, in person or by letter, and with sufficient specificity to allow the decision-makers and the parties an opportunity to respond, or that appeal to the State Land Use Board of Appeals on those issues will be precluded; 5. A statement that, if a participant at the hearing so requests before the hearing concludes, the record shall be kept open for at least seven days, unless there is a continuance of the hearings; and 6. A statement that any party shall be entitled to a continuance of the hearing if additional documents or evidence is provided in support of the application. [Ord (Exh. A 12-A), 1990].

11 Chapter FINAL PLATS Page 11/76 Chapter FINAL PLATS Sections: Information on final subdivision plat Supplemental information with final plat Technical plat review Filing of final plat Information on final subdivision plat. In addition to that otherwise specified by law, the following information shall be shown on the final subdivision plat, which must be prepared by a registered Oregon professional land surveyor: A. The approved name of the subdivision; B. The date, scale, north point (generally pointed up), legend and controlling topography such as creeks, highways and railroads. The scale must be as required by the Jackson County surveyor for subdivision plats; C. Legal description of the tract boundaries; D. Name and address of the owner, subdivider, and the engineer or surveyor; E. Reference points of existing surveys identified, related to a field book or maps, as follows: 1. All stakes, monuments or other evidence found on the ground and used to determine the boundaries of all adjoining subdivisions; 2. Adjoining corners of all adjoining subdivisions; 3. Township, section and donation land claim lines within or adjacent to the plat; 4. Whenever the city has established and monumented the center line of a street adjacent to or within the proposed subdivision, the location of this line and monuments found or reset; 5. Unless waived by the Jackson County surveyor pursuant to ORS (10) (1989 Oregon Laws, Chapter 772, Section 8), if the subdivision plat is within one-half mile of an established geodetic control monument, approved by the National Geodetic Survey or approved by and filed with the county surveyor, the surveyor submitting the subdivision plat must, by field survey according to Federal Geodetic Control Committee guidelines for third order Class II, show the measured angles and distances from the geodetic control monument to the initial point of a subdivision or condominium or to a monumented boundary corner of a partition. If there is an azimuth mark for the geodetic control monument or if there is another geodetic control monument that is intervisible to the primary geodetic control monument, the bearings shall be based, if practicable, on the bearings between the geodetic control monument and the azimuth mark or the intervisible geodetic control monument; 6. All other monuments found or established in making the survey of the subdivision or required to be installed by provisions of this title; F. Tract boundary lines, right-of-way (and center lines) of streets, lot and block lines with dimensions, bearings and deflection angles and radii, arcs, points of curvature and tangent bearings. Tract boundaries and street bearings shall be shown to the nearest

12 Chapter FINAL PLATS Page 12/76 10 seconds with basis of bearings. All distances shall be shown to the nearest 0.01 foot. Error of closure shall be within the limit of one foot in 10,000 feet. No ditto marks shall be used. The area of each lot or parcel shall be shown; G. In addition to showing bearings in degrees, minutes and seconds of a degree and distances in feet and hundredths of a foot, the following curve information shall be shown on the plat either on the face of the map or in a separate table: (1) arc length; (2) chord length; (3) chord bearing; (4) radius; and (5) central angle; H. The width of the portion of streets being dedicated, the width of any existing rights-of-way, (and the widths each side of the center line). For streets on curvature, all curve data shall be based on the street center line and in addition to center line dimensions shall indicate thereon the radius and central angle; I. The location, dimensions and purposes of all recorded and proposed public and private easements, denoted by fine dotted lines clearly identified and, if already of record, a reference to the record. The widths of the easement and the lengths and bearings of the lines thereof and sufficient ties to such easement to definitely locate the easement with respect to the subdivision must be shown. If the easement is being dedicated by the map, the owner s certificates of dedication shall make reference to it, or include it in the terms of such certificates; J. Lot numbers, if any, beginning with the number 1 in each block, numbered consecutively; K. Block numbers, if any, beginning with the number 1 and continuing consecutively without omission or duplication throughout the subdivision. The numbers shall be solid, of sufficient size and thickness to stand out and so placed as not to obliterate any figure. Block numbers in an addition to a subdivision of the same name shall be a continuation of the numbering of the original subdivision; L. Land parcels dedicated for any public purpose, as distinguished from lots intended for sale, shall be designated; M. Building setback lines, if any, are to be made a part of the subdivision restrictions; N. A statement of water rights; O. The following certificates, which may be combined where appropriate: 1. The certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the plat; 2. A certificate signed and acknowledged as above, dedicating all land intended for public use except land which is intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants, and, where applicable, also showing the approval and acceptance by the appropriate governing body for easements and/or existing improvements dedicated to public use; 3. A certificate signed by the surveyor responsible for the survey and final plat, accompanied by the surveyor s seal; 4. Provisions for all other certifications now or hereafter required by law; P. The final plat offered for record shall be made in permanent black India ink or silver halide permanent photocopy, upon material that is 18 inches by 24 inches in size with an additional three-inch binding edge on the left side when required by the Jackson County surveyor or clerk, that is suitable for binding and copying purposes, and that has such characteristics of strength and permanency as may be required by the county surveyor. Where the plat is placed on three or more sheets, a face sheet and index

13 Chapter FINAL PLATS Page 13/76 page shall be included. [Ord (Exh. A 13), 1990; Ord (Exh. A 13), 1981] Supplemental information with final plat. The following data shall accompany the final plat: A. A preliminary title report issued by a title insurance company in the name of the owner of the land, showing all parties whose consent is necessary and their interests in the premises. B. Sheets and drawings showing the following: 1. Traverse data including the coordinates of the boundary of the subdivision and ties to section corners, and showing the error of closure, if any; 2. The computation of all distances, angles and courses shown on the final map; 3. Ties to existing monuments, proposed monuments adjacent subdivision, street corners and state highway stationing. C. A copy of any deed restrictions applicable to the division. D. A copy of any dedication requiring separate documents. E. Written proof that all taxes, additional taxes, fees and assessments, penalties and other charges on the tract are paid to date. F. A certificate by the city recorder certifying that the subdivider has complied with one of the following alternatives: 1. All improvements have been installed in accordance with the requirements of the regulations and with the action of the council giving conditional approval of the tentative plan; or 2. An agreement has been executed as provided in EPMC and to assure completion of all required improvements. G. State law requires the filing of a statement of water rights and, if a water right is appurtenant to the property subject to the partition or subdivision, a copy of the acknowledgment from the State Water Resources Department must be obtained and attached to the partition or subdivision plat before it can be recorded. [Ord (Exh. A 14), 1990; Ord. SB/PS (Exh. A 14), 1986; Ord (Exh. A 14), 1981] Technical plat review. Upon receipt by the city, the final plat and other data shall be reviewed by the planning director, who shall examine them to determine that the subdivision as shown is substantially the same as it appeared on the approved tentative plan, that there has been compliance with provisions of the law, city development plans, this title and that the plat is technically correct. The city engineer may make such checks in the field as he may desire to verify that the plat is correct and he may enter the property for this purpose. If the city engineer shall determine that there has not been compliance, he shall advise the subdivider of the changes or additions. When the city planning director, with the advice of the city engineer, determines that the final plat is in full conformance with all applicable laws, regulations, and conditions, he shall approve it with his signature. However, this approval shall not relieve the subdivider of the need to comply with any further or additional requirements or conditions for recording of the plat, as may

14 Chapter FINAL PLATS Page 14/76 be set by the county clerk or county surveyor. [Ord (Exh. A 15), 1990; Ord. SB/PS (Exh. A 15), 1986; Ord (Exh. A 15), 1981] Filing of final plat. Approval of the final plat by the city as provided by this regulation shall be conditioned on its prompt recording. The subdivider shall, without delay, submit the final plat for signatures of other public officials required by law. Approval of the final plat shall be null and void if the plat is not recorded within 30 days after the date of signature by the city planning director. [Ord (Exh. A 16), 1990; Ord. SB/PS (Exh. A 16), 1986; Ord (Exh. A 17), 1981].

15 Chapter PARTITIONS Page 15/76 Chapter PARTITIONS Sections: Creation of a public street not in a subdivision Creation of a private street not in a subdivision Partitioning procedures Boundary line adjustments Creation of a public street not in a subdivision. Streets created for the purpose of partitioning land shall conform to the same requirements as those for streets in subdivisions; provided, that the planning commission may approve the creation of a street to be established by deed without full compliance with the regulations applicable to subdivisions if any of the following conditions exist: A. The establishment of the street is initiated by the council or board of county commissioners and is declared essential for the purpose of general traffic circulation and the partitioning of land is an incidental effect rather than the primary objective of the street. B. The tract in which the street is to be dedicated is a major partition within an isolated ownership either of not over one acre or of such size and characteristics as to make it impossible to develop building sites of more than three dwelling units. 1. In those cases where approval of a street is to be without full compliance with the regulations applicable to subdivisions, a copy of the tentative plan and the proposed deed shall be submitted to the city planning director at least 15 days prior to the planning commission meeting at which consideration is desired. The deed for the street, and any supporting information, shall be reviewed by the planning commission and, if the commission finds that the proposal is not in conflict with the standards of Chapter EPMC, the deed and street proposal shall be approved with such conditions as are necessary to preserve these standards. [Ord (Exh. A 17), 1990; Ord. SB/PS (Exh. A 17), 1986; Ord (Exh. A 18), 1981] Creation of a private street not in a subdivision. A street which is created in order to allow the partitioning of land for the purpose of transfer of ownership or building development, whether immediate or future, shall be in the form of a street in a subdivision or as provided in EPMC ; except, that a private street shall be approved by the planning commission provided it is the only reasonable method by which the rear portion of an unusually deep land parcel of a size to warrant partitioning into not over two parcels may be provided with access. A copy of the tentative plan for the partition, and the deed for the proposed street, shall be submitted to the city planning director at least 15 days prior to the planning commission meeting at which consideration is desired. The deed for the street, and any supporting information, shall be reviewed by the planning commission, which shall approve the proposal if it finds that: adequate utility access is provided; the proposed street is sufficient in size and manner of construction considering the location and projected

16 Chapter PARTITIONS Page 16/76 traffic loads; and adequate provision has been made for maintenance of the street. [Ord (Exh. A 18), 1990; Ord. SB/PS (Exh. A 18), 1986; Ord (Exh. A 19), 1981] Partitioning procedures. Partitions shall be approved under the following procedures: A. Application for a partition shall be to the city planning director, on such form as shall be prescribed. As part of this application, applicants shall submit five copies of a tracing of a tentative partition plan 18 by 24 inches in size, drawn by a registered Oregon professional land surveyor, containing the information listed below. The plan must be submitted at least 15 days before the public hearing at which it may be considered. If the planning director finds the application, including the tentative partition plan, to be incomplete, this shall constitute a rejection thereof, and the applicant shall be so notified in writing. The applicant shall then have 15 days to resubmit an application. If the planning director finds the application to be complete as to form, the applicant shall likewise be notified in writing. B. The tentative partition plan shall include and show all of the information required of tentative subdivision plans by EPMC and (except for the requirement for showing a proposed name), replacing all references to subdivision with partition, together with such other information as may be required by the planning commission. C. The tentative partition plan shall be submitted for planning commission review and determination whether the proposal complies with this title. Notice of the public hearing shall be given in the same manner as for subdivisions. D. The commission may require dedication of land and easements and may specify conditions or modifications in the tentative plan as necessary. In no event, however, shall the commission require greater dedications or conditions than could be required if the tract were subdivided. E. Partition requirements for improvements, bonding, and design standards shall be the same as for subdivision. F. The provisions of EPMC apply to review of partitions. G. If the parcel of land to be partitioned exceeds five acres and is being partitioned into more than two parcels within a year, any one of which is less than one acre, full compliance with all requirements for a subdivision may be required if the planning commission should determine that the entire parcel being partitioned is in the process of being divided into small parcels. H. After a tentative partition plan has been rejected, approved or conditionally approved, the applicants shall be notified in writing of the action taken. If the plan is rejected, or if the applicant objects to the conditions for approval, appeal may be made to the city council in accordance with EPMC The action of the council shall be accompanied by findings of fact in accordance with state and local law, and shall occur no more than 120 days after the application has been found to be complete. I. Following approval or conditional approval, the applicant may prepare and submit to the planning director a final partition plat, in accordance with any required conditions, showing all of the information required for, and in the form of, final subdivision plats by EPMC (B) through (I), (L), and (N) through (P) and EPMC (all

17 Chapter PARTITIONS Page 17/76 items, if applicable). Review and filing of the final partition plat shall be as provided by EPMC and , for final subdivision plats. For purposes of this section, all references in EPMC through to subdivision(s), subdivided, and subdivider shall be replaced with partition(s), partitioned and applicant, respectively. [Ord (Exh. A 19), 1990; Ord. SB/PS (Exh. A 19), 1986; Ord , 2, 1982; Ord (Exh. A 20, 21), 1981] Boundary line adjustments. A. Boundary line adjustments shall be subject to the same regulations and procedures as partitions, except that adjustments affecting 25 percent or less of the parent lot(s) may be approved by ministerial action of the planning director, where they will have a significant impact on the development pattern of the area. B. The mailing radius for notice to property owners shall be 100 feet, except no notice shall be required with ministerial approvals. [Ord (Exh. A 20), 1990; Ord. SB/PS (Exh. A 20), 1986].

18 Chapter IMPROVEMENTS Page 18/76 Chapter IMPROVEMENTS Sections: Agreement for improvements Bond or alternatives to bond Acceptance of improvements Improvement standards and procedures Improvements in subdivisions Improvements in partitions Improvement maintenance bond Agreement for improvements. Before council 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 shall execute and file with the city recorder an agreement between himself and the city, specifying the period within which required improvements and repairs shall be completed and providing that, if such work is not completed within the period specified, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for reimbursement to the city for the cost of inspection by the city which shall not exceed three percent of the cost of the improvements to be installed. Such agreement may also provide for the construction of the improvements in units, for an extension of the time under conditions therein specified and for the termination of the agreement upon the completion of proceedings under an assessment district program for the construction of improvements specified in said agreement. [Ord (Exh. A 21), 1990; Ord (Exh. A 22), 1981] Bond or alternatives to bond. A. The land divider, to assure the satisfactory completion of all improvements to be accepted by the city, shall provide the city one of the following: 1. A surety bond executed by a corporate surety company authorized to transact business in the state of Oregon in a form approved by the city attorney and in an amount not less than a sum equal to 100 percent of the estimated cost of said improvements. 2. A personal bond, in amount not less than a sum equal to 100 percent of the estimated cost of said improvements, cosigned by at least one additional person together with sufficient evidence of financial responsibility and resources of those signing the bond. The acceptance of such a personal bond is in the sole discretion of the city. 3. Cash in an amount not less than a sum equal to 100 percent of the estimated cost of said improvements, with this cash deposit to be held by the city in an interest bearing account, with any accrued interest to be payable to the land developer. B. In lieu of, and as an alternative to, those methods outlined in subsection A of this section, the land developer may elect to complete said improvements and have them

19 Chapter IMPROVEMENTS Page 19/76 accepted by the city as provided by EPMC , prior to final subdivision plat approval. [Ord (Exh. A 22), 1990; Ord (Exh. A 23), 1981] Acceptance of improvements. The city shall not accept any of the streets, alleys, or other ways as public streets, alleys, or ways and shall not undertake in any way the maintenance of them, nor shall any water or sewer line laid therein be connected to the city s sewer or water system unless the improvements are completed to city specifications within the time prescribed in the agreement with the subdivider, or within any extensions granted by the council. No building permit for the construction of any dwelling units or other improvements on any lot within the subdivision shall be issued until all improvements are accepted by the city. [Ord (Exh. A 23), 1990; Ord (Exh. A 24), 1981] Improvement standards and procedures. In addition to other requirements, improvements shall conform to the requirements of this title and other improvement standards or specifications adopted by the city and shall be installed in accordance with the following procedures: A. Prior to any construction, the subdivider, developer or land divider shall submit complete and properly engineered plans stamped by an engineer registered with the state of Oregon, for all streets, including drainage and structures; sanitary sewers and water distribution lines. The city will check plans and give approval of such plans prior to start of construction. B. Improvement work shall not be commenced until the city has been notified in advance, and if work has been discontinued for any reason it shall not be resumed until the city has been notified. C. Improvements shall be constructed under the inspection and to the satisfaction of the city. The city may require changes in typical sections and details if unusual conditions arise during construction to warrant such change in the public interest. All periodic inspections and final engineering inspections, tests and plan checks in accordance with American Public Works Association, Oregon sections, specifications as performed by the city, shall be paid for by the land divider prior to final acceptance of the improvements. D. Underground utilities, sanitary sewers and storm drains installed in streets by the land divider shall be constructed prior to the surfacing of such streets. Stubs for service connections for underground utilities and sanitary sewers shall be placed so as to minimize the necessity for disturbing the street improvements when service connections are made. E. A map showing public improvements as-built shall be filed with the city upon completion of such improvements. F. No improvements made by the subdivider or applicant for a major partition shall be accepted by the city unless and until the city engineer has certified, in writing, that they meet city standards and comply with the approved plans. Acceptance by the city shall be by resolution adopted by the city council. [Ord (Exh. A 33), 1990; Ord. SB/PS (Exh. A 34), 1986; Ord (Exh. A 34), 1981].

20 Chapter IMPROVEMENTS Page 20/ Improvements in subdivisions. The following improvements shall be installed at the expense of the subdivider and at the time of subdivision: A. Streets. Public streets, including alleys, within the subdivision and public streets adjacent but only partially within the subdivision shall be improved. Catch basins shall be installed and connected to drainage tile leading to storm sewers or drainage ways. Upon completion of the street improvement, monuments shall be re-established and protected in monument boxes at every public street intersection and all points of curvature and points of tangency of their center lines. B. Surface Drainage and Storm Sewer System. Drainage facilities shall be provided within the subdivision and to connect the subdivision drainage to drainage ways or storm sewers outside the subdivision. Design of drainage within the subdivision, as approved by the city engineer, shall take into account the capacity and grade necessary to maintain unrestricted flow from areas draining through the subdivision and to allow extension of the system to serve such areas. C. Sanitary Sewers. 1. Sanitary sewers shall be installed to serve the subdivision and to connect the subdivision to existing mains. In the event it is impractical to connect the subdivision to the city trunk system, the planning commission may authorize the use of septic tanks if lot areas are adequate considering the physical characteristics of the area and if sewer laterals designed for future connection to a sewage disposal system are installed and sealed. Design review by the city engineer shall take into account the capacity and grade to allow for desirable extension beyond the subdivision. 2. If the required sewer facilities will, without further sewer construction, directly serve property outside the subdivision, the following arrangements will be made to equitably distribute the cost: a. If the area outside the subdivision to be directly served by the sewer line has reached a state of development to justify sewer installation at the time, the planning commission may recommend to the city council construction as an assessment project with such arrangement with the subdivider as is desirable to assure financing his share of the construction. b. If the installation is not made as an assessment project, the city will reimburse the subdivider an amount estimated to be a proportionate share of the cost for each connection made to the sewer by property owners outside of the subdivision for a period of 10 years from the time of approval of the plat, considering current construction costs. D. Water System. Water lines and fire hydrants serving each building site in the subdivision and connecting the subdivision to city mains shall be installed. The city engineer s design review shall take into account provisions for extension beyond the subdivision and to adequately grid the city system. If required water mains will directly serve property outside the subdivision, the city will reimburse the subdivider an amount estimated to be the proportionate share of the cost for each connection made to the water mains by property owners outside the subdivision for a period of 10 years from the time of installation of the mains. The actual amount shall be as determined by the city planning commission at the time of approval of the plat, considering current construction costs.

21 Chapter IMPROVEMENTS Page 21/76 E. Bicycle Routes. If appropriate to the extension of a system of bicycle routes, existing or planned, the planning commission may require the installation of separate bicycle lanes within streets and separate bicycle paths. F. Street Name Signs. Street name signs shall be installed at all street intersections. G. Street Lights. Street lights shall be installed and shall be served from an underground source of supply. H. Other. The developer shall make necessary arrangements with utility companies or other persons or corporations affected for the installation of underground lines and facilities. Electrical lines and other wires, including but not limited to communication, street lighting and cable television, shall be placed underground. [Ord (Exh. A 34), 1990; Ord (Exh. A 35), 1981] Improvements in partitions. The same improvements shall be installed to serve each building site of a partition as is required of a subdivision. However, if the planning commission finds that the nature of development in the vicinity of the partition makes installation of some improvements unreasonable, the planning commission shall except those improvements. In lieu of accepting an improvement, the planning commission may recommend to the city council that the improvement be installed in the area under special assessment financing or other facility extension policies of the city. [Ord (Exh. A 35), 1990; Ord (Exh. A 36), 1981] Improvement maintenance bond. No final plat or major partition shall be approved as provided in this chapter, nor shall any public improvements be accepted by the council, until the subdivider, developer or contractor, as the case may be, shall bind itself to the city of Eagle Point to maintain the improvements for a period of one year and shall file with the city recorder an improvement maintenance bond in substantially the following form: FORM OF BOND Know all men by these presents, that we as principal, and, a corporation authorized to do business in the State of Oregon, as surety, are held and firmly bound unto the City of Eagle Point, in the penal sum of $ lawful money of the United States, for the payment of which we and each of us bind ourselves, our heirs, personal representatives, successors and assigns, jointly by these presents: The condition of this obligation is such, that whereas, the said principal has