17.15.010 Review procedures and approval process.
A. Subdivision and Partition Approval through Three-Step Process. Applications for subdivision or partition approval shall be processed through a three-step process: the pre-application conference, the preliminary plat, and the final plat.
1. A pre-application conference is required for all partitions and subdivisions.
2. The preliminary plat for a partition and subdivision shall be approved by the planning commission before the final plat can be submitted for approval consideration.
3. The final plat shall include all conditions of approval of the preliminary plat.
B. The preliminary plat for a partition shall be an administrative review with public notice. The preliminary plat for a subdivision shall be a quasi-judicial hearing with public notice.
C. All preliminary plats shall be reviewed using approval criteria contained in TMC 17.15.030, Approval criteria – Preliminary plat.
D. Review of Final Plat. Review of a final plat for a subdivision or partition shall be processed as a ministerial review, using the approval criteria in TMC 17.20.010, Final plat submission requirements and approval criteria.
E. Preliminary Plat Approval Period. Preliminary plat approval shall be effective for a period of three years from the date of approval. The preliminary plat approval shall lapse if a final plat has not been submitted within three years of the preliminary plat approval.
F. Modifications and Extensions. The applicant may request changes to the approved preliminary plat or conditions of approval.
1. To change the design or conditions of approval of a preliminary plat approval, the applicant must file for an amendment. The process for approval of an amendment is the same as for the original application, subject to the following:
a. Only the conditions, details, or features proposed to be changed will be considered in the review of the amendment application;
b. The applicant shall demonstrate that the proposed amendment will not create conflicts with other conditions of the original approval; and
c. The amendment application complies with all applicable city ordinances and standards (i.e., those that are in effect when the application is accepted by the city).
2. The applicant may apply for an extension of time for submittal of the final plat. The applicant must submit a written request for an extension of time within one year of preliminary approval. The city planner shall, upon written request by the applicant and payment of the required fee, grant one extension of the approval period not to exceed one year, if all of the following criteria are satisfied:
a. An extension of time will not prevent the lawful development of abutting properties;
b. There have been no 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
c. The extension request is made before expiration of the original approved plat.
3. Failure to file a final plat within the one-year extension period will result in the preliminary approval becoming void.
G. Phased Development.
1. The city may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period (i.e., for required public improvements, utilities, streets) for any partition or subdivision phase be greater than three years without reapplying for a preliminary plat;
2. The criteria for approving a phased land division proposal are:
a. Public facilities shall be constructed in conjunction with or prior to each phase;
b. The development and occupancy of any phase dependent on the use of temporary public facilities shall require city council approval. Temporary facilities shall be approved only upon city receipt of bonding or other assurances to cover the cost of required permanent public improvements, in accordance with TMC 17.20.060, Performance guarantee. A temporary public facility is any facility not constructed to the applicable city or district standard;
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 were required as part of the approved development proposal; and
d. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat.
H. Compliance with ORS Chapter 92. All subdivision and partition proposals shall be in conformance to state regulations set forth in ORS Chapter 92, Subdivisions and Partitions. [Ord. 818 § 2 (Exh. A (§ 8-2.310)); Ord. 692 § 11.]