10.162 Pad Lot Development, Subdivision and Partition Final Plats

10.162 Pad Lot Development, Subdivision and Partition Final Plats.

(1) Final Plat Approval Required. No person shall cause or permit the sale or development of any real property under their ownership or control, nor shall any development permit be issued for such development, until final approval therefor has been granted by the Planning Director in accordance with this chapter, and an approved final plat has been recorded with the Jackson County Recorder. The requirements of this section shall not be applicable to any of the following which are exempt from such provisions:

(a) Where final plat approval for the identical lot or site has been previously obtained from the City within 10 years prior to the date of application for a building permit, in accord with such ordinance requiring plat approval which was in effect at that time, and such final plat is of record evidencing such plat approval;

(b) Developments made solely for the purpose of opening or widening a public street or alley, or those involving conveyance, transfer, access, sewer, water, or public utility, provided that no partitions or parcels of land are created other than those directly caused by such action.

(c) Developments made solely because of the acquisition of lands by government agencies for freeways, parks, public buildings, flood control channels, or other public purposes, or for the sale of minor remnant parcels by such agencies to adjacent property owners where such land involved in the sale is not designated in the City's Comprehensive Plan as a recreational facility. In connection with the sale of any such minor remnant parcel, the person acquiring the property shall consolidate the acquired remnant parcel with his existing contiguous ownership;

(d) Developments involving land dedicated for cemetery purposes; or

(e) Developments caused by a conveyance for the purpose of adding land to one parcel by deducting it from another contiguous parcel, where such does not reduce the area of the parcel from which such portion is taken below the minimum area, frontage, width or depth prescribed for the zoning district in which said parcel is located, nor reduce any of the required yard spaces surrounding any structure or use on such parcel below the minimum prescribed for such zoning district.

(2) Final Plats, General. The form and content of a final plat shall be in accord with the provisions of ORS 92.050 through 92.080, and this code. Final plats not submitted in accord with this code shall not be considered for approval.

(3) Form of Final Plat and Data to Appear Thereon. Where identified by an "X" in Table 10.162-1, the final plat of subdivisions, pad lot developments and partitions shall conform to the following provisions:

Table 10.162-1. Final Plat Form and Data
Final Plat Provisions	Include on Pad Lot Development and Subdivision Final Plat	Include on Partition Final Plat
1. Title and subtitle of plat. The title sheet shall contain the name as approved by the Planning Commission. Below the title sheet shall appear a subtitle giving a general location of the property being developed by reference to the plats which have previously been recorded. In case the property included within the subdivision lies wholly in the city of Medford, the following words shall appear below the title, "In the City of Medford."	X
2. Distances and bearings. Sufficient data to determine readily the bearing and length of every lot line, block line, and boundary line. Dimensions of lots shall be given as total dimensions, corner to corner and shall be shown in feet and hundredths of a foot. The plat shall show the basis of bearings and lengths of straight lines and radii, and all arc lengths, central angle, or other data as necessary to define all curves within the subdivision.	X	X
3. Boundary references and monuments. The plat shall show clearly what monuments (type and size) or other evidence is found on the ground to determine boundaries of the subdivision. The adjoining corners of all adjoining subdivisions shall be identified by lot and block number, and subdivision name. The plat shall show the location and description of monuments found or placed in making the survey for proper reference and data sufficient for relocation and retracing of any and all exterior boundary lines and lot and block lines. Whenever the city or county engineer has established the centerline of a street adjacent to or in the proposed subdivision, the data shall be shown on the plat.	X	X
4. The plat shall note whether the subdivision or portion thereof are subject to periodic inundation by water as determined from the Federal Flood Insurance Rate Maps.	X	X
5. The centerlines and sidelines of all streets, and total width thereof, and the widths of each side of the centerline and widths of any portion of a street being dedicated, the width of existing dedications, and the widths of any railway, drainage channel, or other rights-of-way shall be shown.	X	X
6. The plat shall show all easements of record, or easements to be recorded, to which the lots will be subject. Such easements must be clearly labeled and identified if already of record, and record reference given. If any easement is not definitely located of record, a statement of such easement must appear on the plat. All easements other than for streets shall be denoted by fine broken lines and designated as to type. Easement widths and the lengths and bearings of the lines thereof, together with sufficient ties thereto, shall be set forth to definitely locate the easement with respect to the development.	X	X
7. City boundary lines which bound, adjoin or cross the development, shall be clearly designated and referenced.	X	X
8. Lot numbers shall begin with the number "1" and shall continue consecutively throughout the development with no omission or duplications, except that lot numbers in subsequent contiguous development units may expand the numbering sequence of the previous unit providing the commercial name of the development remains unchanged. Each block shall be shown on one sheet when possible. Where adjoining blocks appear on separate sheets, the street adjoining both blocks shall be shown on both sheets, complete with centerline and property line data. All letters and figures within the development shall be conspicuous and solid.	X	X
9. The plat shall particularly define and designate all lots and parcels, including those reserved for private purposes, all parcels and easements offered for dedication for any purpose, with all the dimensions, boundaries, and courses clearly shown and defined in each case. Ditto (" ") marks shall not be used.	X	X
10. All street names, including those designated by numbers, and including the words "Avenue", Boulevard", "Place", etc., shall be spelled out in full.	X	X
11. The plat shall also show and delineate all other data that is or may be required by other provisions of this chapter or otherwise by law.	X	X
12. Certificates: Areas dedicated to public use shall be free and clear of all encumbrances, except public utility easements which the City Engineer determines will not interfere with the use contemplated by the dedication. All mortgages, trust deeds, and other liens shall be released as to public use areas.	X	X
13. Certificates: Each final plat shall contain the requisite owner's certificate or dedication, release of liens, Surveyor's certificate, City Engineer's certificate, City Surveyor's certificate, County Recorder's certificate, and such other certificates as may hereafter be required by law. The form of each said certificate shall be prescribed by the City Attorney.	X	X
14. Certificates: The owner's dedication statement shall include offers of dedication of all streets and other easements shown on the final plat intended for any public use, except those parcels of land which are intended for the exclusive use of the lot owners in the development, their licensees, visitors, tenants and employees, which private streets and other private easements shall be specifically designated as such on the plat.	X	X
15. Certificates: The Planning Director certificate shall contain a statement that acknowledges compliance with all conditions of the development permit and recognition of same.	X	X
16. Where any plat is created as a middle housing land division (10.173), each final plat shall contain notation of the following: that approval was granted under the middle housing land division; no resulting parcel shall be further divided; and accessory dwelling units shall not be constructed on any parcels created for middle housing.	X (Subdivision Final Plat)	X

(a) Prior to submitting a final plat to the Planning Department, the applicant shall:

(i) Cause the proposed land division to be accurately surveyed and a final plat to be prepared substantially in accordance with the approved tentative plat;

(ii) Cause a minimum of five copies of the final plat, with any and all alterations and changes required thereto, to be filed with the City Engineer for approval. At the time of filing of the final plat with the City Engineer, the developer shall also file concurrently therewith the following:

(A) A traverse sheet, giving the latitude and departures, or computer print-out, showing the mathematical closure, within allowable limits of error, of the exterior boundaries of the tract in all cases in which said boundaries are irregular or in which the tract is laid out in irregular blocks, and of the exterior boundaries of all irregular lots and blocks.

(B) Plans, profiles, details, and specifications for improvements conforming to all ordinances of the city and to the standards of this code which must show full details of all improvements and shall be to a scale of 40 or 50 feet to the inch horizontal and four or five feet to the inch vertical.

(D) A title report or subdivision guarantee by a title company doing business in Jackson County, showing names of all persons whose consent is necessary for the preparation of said plat and for any dedication to public use, and their interest therein, certified for the benefit and protection of the City that the persons therein named are all of the persons necessary to give clear title to the streets and other easements therein to be offered for dedication. Said title report shall be dated no later than 15 days from the date of submittal.

(E) Two copies of all proposed covenants, conditions, and restrictions or a statement in writing signed by the developer that no such restrictions will be established.

(F) Instruments prohibiting traffic over the side or rear lines of any street or other public way when and if the same is required by this chapter.

(G) Such streets, offers of dedication or other instruments affecting or conveying title or any interest in land as are required under the conditions of approval of the tentative plat.

(H) A statement that all applicable fees required by the city code have been paid.

(I) Two copies of the city's standard (or deferred) form of improvement agreement executed by the developer, together with two executed copies of each labor and material and improvement bond guaranteeing payment of the cost of setting monuments (ORS 92.065) and county certification that the requisite tax bond has been posted (ORS 92.095) and such other agreements and bonds as may from time to time be required by law.

(b) The City Engineer shall examine the final plat and accompanying data and shall within 15 working days determine:

(i) Whether all engineering conditions of tentative plat approval have been satisfactorily completed, or if incomplete, are matters which can be included in a regular or deferred improvement agreement with the city;

(ii) Whether said plat is technically correct.

(c) Upon the City Engineer's determination that conformity with the foregoing has been made, they shall execute the City Engineer's certificate on said final plat and cause said plat to be forwarded to the Planning Department for approval by the Planning Director.

(a) No final plat shall be accepted by the Planning Department unless, in addition to the above, the following is complied with:

(i) An accepted final plat shall be considered by the Planning Director 10 working days following acceptance.

(ii) The final plat is accompanied by:

(A) A blue or black line print thereof;

(B) The approved improvement plans signed by the City Engineer;

(iii) All required fees by the developer have been paid.

(iv) A print of the final plat signed off by all affected referral agencies and involved agencies.

(b) The Planning Department shall examine the final plat and accompanying data and shall within five working days determine:

(i) Whether the land division is substantially the same as shown on the tentative plat with only approved alterations thereof;

(ii) Whether bonds and agreements guaranteeing improvement of all conditions of tentative plat approval have been completed pursuant to Section 10.666, Improvement Agreements, and Section 10.667, Security for Public Improvements.

(a) The Planning Director shall within a period of not more than 25 working days after a final plat is submitted to the Planning Department, approve or disapprove the final plat and acknowledge compliance with all conditions of the tentative plat.

(b) If the final plat does not conform with all local code requirements applicable at the time of approval of the tentative plat and all rulings made thereunder, the Planning Director may disapprove said plat, or approve it; said approval to become unconditional at such time as said plat is made to comply with the approved tentative plat and such code requirements.

(c) Upon disapproval of any final plat, the Planning Director shall return said plat to the applicant together with a written statement setting forth the reasons for such disapproval.

(d) Upon approval by the Planning Director becoming unconditional, the Planning Director shall sign and affix the city seal to the approving authority certificate attached to said plat.

(e) No land division will be recognized as complete until final plat is unconditionally approved by the Planning Director and no title to or interest in any property described in any offer of dedication on the final plat which is accepted by the Planning Director shall pass until recordation of said plat.

(f) Within 10 days after recordation of the final plat, the applicant at their own expense shall furnish to the Planning Department one copy.