Chapter 16.12
FINAL PLATS
Sections:
16.12.010 Submission--Procedure.
16.12.030 Information required.
16.12.040 Supplemental information.
16.12.060 Final plat approval.
16.12.070 Agreement for improvements.
16.12.010 Submission--Procedure.
Within one year after approval of the tentative plan, the applicant shall cause the subdivision to be surveyed and a final plat prepared and approved in conformance with the approved tentative plan. The applicant shall submit the final plat as required by state law and this title, three prints thereof, one eight-and-one-half-inch by eleven-inch reduction thereof, and any supplementary information, including any proposed separate document imposing further land use restrictions in the area. (Ord. 1941 §14, 2010; Ord. 1684 §8, 1993; Ord. 1650(part), 1990).
16.12.020 Submission--Fees.
At the time of submitting the final plat or partition plat to the city, the applicant shall pay a filing fee defined in the city’s adopted planning application fee schedule. (Ord. 1786 §5, 1998; Ord. 1650(part), 1990).
16.12.030 Information required.
In addition to that information otherwise specified by law, the following information shall be shown on the final plat:
A. The date, scale, northpoint, legend and controlling topography such as creeks, highways and railroads;
B. Legal description of the tract boundaries;
C. Name and address of the owner, applicant and the registered professional land surveyor;
D. Reference points of existing surveys identified, related to the plat by distances and bearings and referenced 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 the subdivision,
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 centerline of a street adjacent to or within the proposed subdivision, the location of this line and monuments found or reset,
5. All other monuments found or established in making the survey of all the subdivision or required to be installed by provisions of this title;
E. Tract boundary lines, rights-of-way (and centerlines) of streets; lots and block lines with dimensions, lot areas, bearing or deflection angles and radii, arcs, points of curvature and tangent bearings. Tract boundaries of street bearings shall be shown to the nearest ten seconds with basis of bearings. All distances shall be shown to the nearest one-hundredth of a foot. Error of closure shall be within the limit of one foot in ten thousand feet. No ditto marks shall be used. Lots containing one acre or more shall show total acreage to nearest hundredth;
F. The width of the portion of streets being dedicated, the width of any existing rights-of-way and the widths each side of the centerline. For streets on curvature, all curve data shall be based on the street centerline and in addition to the centerline dimensions shall indicate thereon the radius and central angle;
G. All easements, denoted by fine dotted lines, clearly identified and, if already of record, a reference to the record. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties thereto 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 thereof;
H. Lot numbers, beginning with the number “1” in each block;
I. Block numbers, 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 in the original subdivision;
J. Land parcels dedicated for any public purpose, as distinguished from lots intended for sale, shall be designated;
K. Building setback lines, if any are to be made a part of the subdivision restrictions;
L. The following certificates which may be combined where appropriate:
1. A certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of said map,
2. A certificate of dedication signed and acknowledge as above,
3. A certificate signed by the registered professional land surveyor responsible for the survey and final plat, accompanied by his seal,
4. Provisions for all other certifications now or hereafter required by law. (Ord. 1650(part), 1990).
16.12.040 Supplemental information.
The following data shall accompany the final plat:
A. A 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 fifteen days from the date of submittal.
B. If requested by city, sheets and drawings showing the following:
1. Traverse date including the coordinates of the boundary of the subdivision and ties to section corners and donation land claim 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 subdivision;
D. Written proof that all taxes and assessments on the tracts are paid to date. (Ord. 1650(part), 1990).
16.12.050 Staff review.
Upon receipt by the city, the final plat and other data shall be reviewed by the city to determine that the final plat as shown is substantially the same as it appeared on the approved tentative plan, that it complies with all conditions of tentative plan approval, and that there has been compliance with all applicable ordinances and state law; provided however, survey adequacy required by ORS 92.100 shall be approved by the county surveyor. The city may make such checks in the field as it may desire and it may enter the property for such purpose. If the city determines that full conformity has not been made, it shall advise the applicant of the changes or additions that must be made for such purposes and shall afford the applicant an opportunity to make such changes or additions within a reasonable time to be established by the city. (Ord. 1739 §2, 1996; Ord. 1650 (part), 1990).
16.12.060 Final plat approval.
Review and approval or denial of final plats shall be made by city staff. Final plat approval shall be evidenced by signature of an authorized city representative on the original plat. The approval of the final plat by the city shall not be deemed to constitute or effect an acceptance for maintenance responsibility of any street or easement or way shown on the final plat. (Ord. 1941 §15, 2010; Ord. 1778 §1, 1997; Ord. 1739 §3, 1996; Ord. 1684 §9, 1993; Ord. 1650 (part), 1990).
16.12.070 Agreement for improvements.
A. Before city approval is certified on the final plat, the applicant 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 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 work 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.
B. Upon execution of the agreement described in this section, and upon satisfaction of the bond requirements of Section 16.12.080, city may issue building permits to the applicant or purchasers of lots within such subdivision improvements themselves, under the following terms and conditions, which shall be in writing and contained either in the original agreement for improvements or in a supplemental agreement:
1. Applicant must, prior to commencing construction under any such building permits, or allowing the commencement of construction thereunder, furnish a survey performed by a registered professional land surveyor meeting the requirements of state law, setting out the property corners for the lot for which the building permit or permits are to be issued, with either iron pins or wood stakes establishing said corners;
2. Applicant must submit a plan for the protection of streets and improvements that shall be satisfactory to city, and shall assume all responsibility for any additional or corrective work that may be necessary to the subdivision or any of the subdivision improvements, as determined by the city, as a result of the construction performed under the building permits authorized;
3. Applicant must indemnify and hold the city harmless from any and all liability by reason of the issuance of any such building permits or any injuries or damages incurred by any person by reason of construction under the permits or any claims of any sort arising out of the issuance of the building permit and construction performed thereunder;
4. Applicant shall not sell any of said lots or enter into any agreement for the sale of any such lots, unless applicant has first furnished to the city written proof of the fact that the applicant has:
a. Advised a purchaser or prospective purchaser that no certificate of occupancy will be issued by city until completion, approval and acceptance of the entire subdivision and improvements by the city, in accordance with the entire subdivision agreement;
b. Agreed to assume full and complete liability and hold city harmless by reason of the refusal by the city to issue any such certificate of occupancy until the provisions of the subdivision agreement and of this chapter shall have been met.
5. Neither applicant, nor any person on his behalf, shall allow another person to occupy any lot or improvements thereon until city has issued a certificate of occupancy.
C. City may issue a certificate of occupancy for any lot or improvement within the subdivision prior to full and final inspection, approval and acceptance of the entire subdivision and all improvements therein, if the council by a two-thirds majority shall authorize such issuance.
D. Any violation of this section shall be punishable under the general penalty ordinance of the city. (Ord. 1650(part), 1990).
16.12.080 Bond.
A. The applicant shall submit to city, with the agreement for improvements, to assure his full and faithful performance thereof, one of the following:
1. A surety bond executed by a surety company authorized to transact business in the state, in the amount of the estimated cost of the improvements required;
2. Cash in the estimated amount of the improvements required;
3. An open letter of credit executed in a form satisfactory to the city in an amount of the estimated cost of the improvements required.
B. Such assurance of full and faithful performance shall be for a sum approved by the city as sufficient to cover the cost of the improvements and repairs, including related engineering and incidental expenses, administrative expenses, inflationary costs, and to cover the cost of city inspection.
C. In the event the applicant fails to carry out provisions of the agreement and the city has unreimbursed costs or expenses resulting from such failure, the city shall utilize the bond or cash deposit for reimbursement. In such case, if the amount of the bond or cash deposit exceeds cost and expense incurred by the city, it shall release the remainder and, if the amount of the bond or cash deposit is less than the cost and expense incurred by the city, the applicant shall be liable to the city for the difference. (Ord. 1650(part), 1990).
16.12.090 Filing.
Approval of the final plat by the city as provided by this regulation shall be conditioned on its prompt recording in accordance with state law. The applicant 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 ninety days after city approval. (Ord. 1650(part), 1990).