Chapter 17.20
FINAL PLAT
Sections:
17.20.010 Submission of the final plat.
17.20.030 Requirements of survey and plat of subdivision.
17.20.040 Monumentation requirements.
17.20.050 Information on plat.
17.20.060 Supplemental information with plat.
17.20.070 Technical plat review.
17.20.080 Commission approval of the plat.
17.20.090 Conditions of plat approval.
17.20.100 Final plat approval.
17.20.120 Filing plat with state.
17.20.130 Approval procedures of final partition plats.
17.20.010 Submission of the final plat.
(1) Filing Time Period Requirements. Within two years after the date of approval of the tentative plan for a subdivision, the subdivider shall prepare and submit a final plat that is in conformance with the tentative plan as approved. The subdivider shall submit the original drawing, five prints, and any supplementary information required by this title and the commission. If the subdivider fails to proceed with the subdivision before the expiration of the two-year period following the approval of the tentative plan, the plan approval shall be void and the subdivider may submit a new plan together with the appropriate filing fee.
(2) Time Period Extension. The county may grant one-year extensions to the two-year time period set forth in subsection (1) of this section as planning director decisions pursuant to CCC 18.172.060(2). (Ord. 216 § 1, 2009; Ord. 19 § 4.010, 2003)
17.20.020 Form of final plat.
The final plat shall be submitted in the form prescribed by state statute and this title.
All plats subdividing any tracts of land in the county and dedications of streets or roads or public parks and squares and other writings made a part of such plats offered for record shall be made in black India ink, upon material that is 18 inches by 24 inches in size, that is suitable for binding and copying purposes, and that has such characteristics of strength and permanency as may be required by the county. The plat shall be of such a scale, and the lettering of the approvals thereof, and of the dedication and affidavit of the surveyor, shall be of such a size or type as will be clearly legible, but no part shall come nearer any edge of the sheet than one inch. The plat may be placed on as many sheets as necessary, but a face sheet and an index page shall be included for plats placed upon two or more sheets. Plat materials may be placed on both sides of a sheet. (Ord. 19 § 4.020, 2003)
17.20.030 Requirements of survey and plat of subdivision.
No subdivider shall submit a plat of a subdivision for record until all the requirements for the survey and the plat of the subdivision have been met.
(1) The survey and plat of the subdivision shall be made by a surveyor who is a registered engineer or a licensed land surveyor.
(2) The plat of a subdivision shall be of such scale that all survey and mathematical information, and all other details may be clearly and legibly shown thereon. Each lot shall be numbered and each block shall be lettered or numbered. The lengths of all boundaries of each lot shall be shown. Each street shall be named.
(3) The locations and descriptions of all monuments shall be clearly recorded upon all plats and the proper courses and distances of all boundary lines shall be shown.
(4) The area of each lot or parcel shall be shown on the subdivision or partition plat. (Ord. 19 § 4.030, 2003)
17.20.040 Monumentation requirements.
(1) The initial point of all subdivision plats shall be marked with a monument conforming to the following specifications. This monument shall be a galvanized iron pipe, two-inch inside diameter, not less than 30 inches long, with a brass cap no less than two and one-half inches in diameter, solidly and permanently attached to the top.
(2) The intersections of all streets and roads and all points on the exterior boundary where the boundary line changes direction shall be marked with monuments either of stone, concrete, galvanized iron pipe, or iron or steel rods.
(3) All lot corners except lot corners of cemetery lots shall be marked with monuments of either galvanized iron pipe not less than one-half inch in diameter or iron or steel rods not less than one-half inch in least dimension and two feet long.
(4) Points shall be plainly and permanently marked upon monuments so that measurements may be taken to them within one-tenth of a foot.
(5) All required interior and exterior monuments for a subdivision shall be marked and such monuments shall be referenced on the plat of the subdivision before the plat of the subdivision is offered for approval by the county and for recording.
(6) Monuments shall be set with such accuracy that measurements within one tenth of a foot or one five-thousandth of the distance shown on the plat, whichever is greater. (Ord. 19 § 4.040, 2003)
17.20.050 Information on plat.
In addition to that required for the tentative plan or otherwise specified by law, the following information shall be shown on the plat:
(1) Name of the subdivision.
(2) Name of the owner, subdivider, and engineer or surveyor.
(3) The date, scale, north point, legend, controlling topography such as bluffs, creeks, and other bodies of water, and existing highways and railroads.
(4) Legal description of the tract boundaries.
(5) Survey Reference. Reference points of existing surveys identified, related to the plat by distances and bearings, and referenced to a field book or map as follows:
(a) Stakes, monuments, or other evidence found on the ground and used to determine the boundaries of the subdivision.
(b) Adjoining corners of adjoining subdivisions.
(c) Other monuments found or established in making the survey of the subdivision or required to be installed by provisions of this title.
(6) Boundary Streets. The exact location and width of streets and easements intercepting the boundary of a tract.
(7) Tract, block and lot boundary lines and street right-of-way and center lines, with dimensions, bearing or deflecting angles, radii, acres, points of curvature, and tangent bearings. Normal high water lines for any creek, bay or other body of water. Tract boundaries and street bearing shall be shown to the nearest 30 seconds with basis of bearings. Distances shall be shown to the nearest 0.01 feet. No ditto marks shall be used.
(8) Streets. The width of the portion of streets being dedicated and the width of existing right-of-way. For streets on curvature, curve data shall be based on the street center line. In addition to the center line dimensions, the radius and central angle shall be indicated together with the long chord distance and bearing.
(9) Easement. Easements denoted by fine dotted lines, clearly identified and, if already of record, their recorded reference. If an easement is not definitely located of record, a statement of the easement shall be given. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the subdivision shall be shown. If the easement is being dedicated by the map, it shall be property referenced in the owner’s certificates of dedication.
(10) Lot Numbers. Lot numbers beginning with the number “1” and numbered consecutively in each block.
(11) Block Numbers. Block numbers beginning with the number “1” and continuing consecutively without omission or duplication throughout the subdivision. The numbers shall be solid, or 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.
(12) Public Lands. Identification of land to be dedicated for any purpose, public or private, to distinguish it from lots intended for sale.
(13) Building Setback Lines. Building setback lines, if any, that are a part of the subdivision restrictions.
(14) Limitations on rights of access to and from streets and lots and other parcels of land.
(15) The area of each lot which is larger than one acre, to the nearest hundredth of an acre; and the area of each lot which is less than one acre, to the nearest square foot.
(16) Pursuant to the applicable addressing system, the address of each lot shall be shown.
(17) Certificates. The following certificates are required and shall be combined where appropriate:
(a) A certificate signed and acknowledged by all parties having any record title interest in the land, consenting to the preparation and recording of the plat.
(b) 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.
(c) A certificate with the seal of and signed by the engineer or the surveyor responsible for the survey and final map.
(d) A certificate for execution by the chairman of the planning commission.
(e) A certificate for execution by the county engineer or roadmaster.
(f) A certificate for execution by the county planning director.
(g) A certificate for execution by the county surveyor.
(h) A certificate for execution by the county tax collector.
(i) A certificate for execution by the county assessor.
(j) A certificate for execution by the irrigation district, where applicable. All plans, plats or replats of subdivisions located within the boundaries of an irrigation district, drainage district, water control district, district improvement company or similar service district shall be submitted to the board of directors of the district or company and its approval thereof shall be endorsed thereon by the board before approval of such plan, plat or replat of any subdivision by the governing body of the county. Except, that if a subdivider is unable to obtain action or approval of any district or company within 45 days, the subdivide shall notify the governing body in writing and thereafter the governing body shall serve notice on that district or company by certified mail advising the district or company that any objection to the plan, plat or replat must be filed in writing with the governing body within 20 days and failure of the district or company to respond shall be considered by the governing body as approval of such plan, plat or replat and the governing body shall endorse, act and the body may thereafter approve such plan, plat or replat without the approval of such district or company endorsed thereon.
(k) A certificate of approval of execution by the county court.
(l) Other certificates required by state regulations, including but not limited to State of Oregon Department of Environmental Quality approval of the stormwater management plan.
(m) A certificate for execution by the fire protection district for Crook County where applicable. The execution of this certificate by the fire district is proof that the required fire protection improvements have been completed satisfactorily.
(18) School Bus Stops and Mailbox Location. The exact location of school bus stops and mailbox stands within the subdivision. (Ord. 149 Amd. 1 §§ 11, 12, 2006; Ord. 19 § 4.050, 2003)
17.20.060 Supplemental information with plat.
The following data shall accompany the plat:
(1) Title Report. A preliminary title or subdivision guarantee 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 interest in the premises; such report shall show evidence of a clear and marketable title.
(2) Survey Date Sheets. Sheets and drawings showing the following:
(a) Traverse data including the coordination of the boundary of the subdivision and ties to section corners and donation land claim corners, and showing the error of closure, if any. A survey control work sheet may be substituted for this item.
(b) The computation of distances, angles and courses shown on the plat.
(c) Ties to existing monuments, proposed monuments, adjacent subdivisions, street corners, and state highway stationing.
(3) Deed Restrictions. A copy of any deed restrictions applicable to the subdivision.
(4) Homeowner’s Association. A copy of any homeowner’s associate agreements proposed or required for the subdivision.
(5) Dedications. A copy of any dedication requiring separate documents; specific references to parks, playgrounds, etc.
(6) Taxes. A list of all taxes and assessments on the tract which have become a lien on the tract.
(7) County Court Certificate. A certificate by the county court that the subdivider has complied with the requirements of CCC 17.40.080 and 17.40.090 on improvements guarantees.
(8) Improvement. If grading, and/or street improvements, and/or sewer and/or water facilities are required as the conditions of approval of the final plat, the following shall be required to be submitted with the final plat:
(a) Cross sections of the proposed streets showing width of roadways, types of surfacing, curb locations, width and location of sidewalks.
(b) Plans and profiles of proposed sanitary sewers, location of manholes indicated, and proposed drainage system.
(c) Plans and profiles of the proposed water distributions system showing pipe sizes and location of valves and fire hydrants.
(d) Specifications for the construction of all proposed utilities.
(e) Grading plans and specifications as required for areas other than streets and ways.
(f) Planting plans and specifications for street trees and other planting in public areas.
(g) Plans for improvements, design factors, or other provisions for fire protection and/or fire hazard reduction.
(9) Access Permits. Where access is to a county road or state highway, the necessary access permits shall be obtained prior to final plat approval.
(10) Stormwater management plan together with State of Oregon Department of Environmental Quality approval thereof. (Ord. 149 Amd. 1 § 13, 2006; Ord. 19 § 4.060, 2003)
17.20.070 Technical plat review.
(1) Ordinance Check. Upon receipt by the commission, the plat and other data shall be reviewed by the county engineer or designated individual, legal counsel and planning director who shall examine them to determine that the subdivision as shown is substantially the same as it appeared on the approved preliminary plan, and that there has been compliance with provisions of the law and of this title.
(2) Field Check. The county engineer or designated individual and planning director may make such checks in the field as are desirable to verify that the map is sufficiently correct on the ground and the engineer or planning director or representatives thereof may enter the property for this purpose.
(3) Corrections. If the county engineer or designated individual, legal counsel and planning director determine that full conformity has not been made, the subdivider shall be advised thereby of the changes or additions that must be made and the subdivider shall be afforded a reasonable opportunity to make the changes or additions. (Ord. 19 § 4.070, 2003)
17.20.080 Commission approval of the plat.
(1) Upon receipt of the plat with the approval of the county engineer, or designated individual, legal counsel and planning director, the planning commission shall determine whether it conforms with the approved tentative plan and with these regulations. If the planning commission does not approve the plat, it shall advise the subdivider of the changes or additions that must be made and shall afford him an opportunity to make corrections. If the planning commission determines that the plat conforms to all requirements it shall give its approval, provided supplemental documents and provisions for required improvements are satisfactory. The signature of the chairman of the planning commission shall indicate approval. Commission approval of the plat does not constitute or effect an acceptance by the public of the dedication of any street or other easement shown on the plat; nor does such approval constitute final approval, said authority for final approval being vested with the county court.
(2) No plat of a proposed subdivision shall be approved unless:
(a) Streets and roads for public use are to be dedicated without any reservation or restriction other than reversionary rights upon vacation of any such street or road and easement for public utilities.
(b) The county has approved streets and roads held for private use and indicated on the tentative plan for such subdivision.
(c) The plat or map contains provisions for the donation to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal and water supply systems, the donation of which was made a condition of the approval of the tentative plan for the subdivision or the major partition.
(d) Explanations of all common improvements required as conditions of approval of the tentative plan of the subdivision will be recorded and referenced on the final plat or map.
(e) No plat of a subdivision shall be approved by the county unless the county has received and accepted:
(i) A certification by a municipal water supply system, or by the owner of a community or public water supply system or by the owner of a public utility water supply system, subject to regulation by the Public Utility Commissioner of Oregon, that water will be available to the lot line of each and every lot depicted in the proposed plat; or
(ii) An agreement and security as authorized by CCC 17.40.080 and 17.40.090 and approved by the county’s legal counsel to guarantee that a domestic water supply system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted to the proposed plat; and the amount of any such security will be determined by a registered professional engineer subject to any change in such amount as determined necessary or prudent by the county; or
(iii) In lieu of subsections (2)(e)(i) and (ii) of this section, a statement that no domestic water supply facility will be provided to the purchaser of any lot depicted in the proposed plat, even though a domestic water supply source may exist.
(f) No plat of a subdivision shall be approved by the county unless the county has received and accepted:
(i) A certification by a publicly owned sewage disposal system or by the owner of a privately owned sewage disposal system that is subject to regulation by the Public Utility Commissioner of Oregon that a sewage disposal system is available to the lot line of each and every lot depicted in the proposed plat; or
(ii) An agreement and security authorized by CCC 17.40.080 and 17.40.090 and approved by the county’s legal counsel to guarantee that a sewage disposal system will be installed by or on behalf of the subdivider to the lot line of each and every lot depicted on the proposed plat; and the amount of such security will be determined by a registered professional engineer, subject to any change in such amount as the county considers necessary or prudent; or
(iii) In lieu of subsections (2)(f)(i) and (ii) of this section, a statement that no sewage disposal facility will be provided to the purchaser of any lot depicted in the proposed plat; however, each lot shall be approved for individual systems.
(g) No plat of a subdivision shall be approved by the county unless the county has received and accepted:
(i) A final plat, which is in compliance with the tentative plan approval and all conditions thereof.
(ii) A certification that all required and proposed improvements and repairs to existing public facilities damaged in the development have been completed or the subdivider has provided the county an agreement and security authorized by CCC 17.40.080 and 17.40.090 approved in its terms and dollar value by the county’s legal counsel specifying the period within which required improvements and repairs shall be complete.
(iii) The plat complies with any applicable zoning regulations and any ordinance or regulation applicable to the proposed subdivision or improvement thereof that are then in effect in the county. (Ord. 296 § 3 (Exh. A), 2016; Ord. 19 § 4.080, 2003)
17.20.090 Conditions of plat approval.
If it appears to the commission necessary or prudent, for the protection of the public health, safety, welfare or the economic stability of the county, the commission may withhold or deny acceptance and approval of any final plat submitted until specified conditions are met, particularly in relation to the provisions of proper disposal of sewage and waste, domestic water, proper services by public utilities, safe vehicular access and fire protection.
(1) Streets, Alleys, and Adjacent Areas. As a condition provided in this section, the commission may require the all-weather surfacing or paving of any or all streets, alleys, and parking areas before accepting or approving of a final plat.
(2) Sewers and Sewage. As a condition provided in this section, the commission may require the installation of sewers and/or adequate sewage disposal facilities as shown by the required plans and specifications, prepared by a qualified licensed engineer and meeting with the approval of the health officer and other appropriate officials before accepting or approving of a final plat.
(3) Water Lines and Supply. As a condition provided in this section, the commission may require the installation of water lines and/or provision of adequate water supply to serve each lot as shown by the required plans and specifications, prepared by a qualified licensed engineer and meeting with the approval of the health officer and other appropriate officials before accepting or approving of a final plat.
(4) Parks, Playgrounds, and Recreational Areas. Parks, playgrounds, and recreational areas may be required in final plats submitted, by the commission, in locations and of sizes indicated by the comprehensive plan for the area in which the subdivision is located or as set forth by the commission in approval of the tentative plat. If such facilities are deemed necessary, parks, playgrounds, or other recreational areas or facilities shall be provided or guaranteed by the developer prior to approval of the final plat.
(5) Fire Hazard Restrictions. The commission may also require that necessary restrictions regarding fire prevention or control be placed on record at the time of filing on the plat or be contained in each and every deed of conveyance of the lots within such subdivisions. (Ord. 19 § 4.090, 2003)
17.20.100 Final plat approval.
Following commission approval, the final plat shall, without delay, be submitted to the county court for final approval of the plat, supplemental documents, improvement and repair completions or assurances therefor. (Ord. 19 § 4.100, 2003)
17.20.110 Recording of plat.
A subdivider shall, within 45 days, submit the plat for signatures of other public officials required by law. Approval of the plat shall be null and void if the plat is not recorded within 45 days after the date of approval of the governing body has been obtained. After obtaining all required approvals and signatures, the subdivider shall file the plat and an exact copy thereof in the county clerk’s office, or such approval shall be declared void.
(1) No subdivision plat shall be recorded unless all ad valorem taxes, including potential additional taxes, interest and penalties imposed on land disqualified for special assessment granted under ORS 308.370(2), 321.272(2) or 321.420(2) and all special assessments, fees, or other charges required by law to be placed upon the subdivision or which will become a lien during the calendar year.
(2) At the time of filing such plat, the person offering it for filing shall also file with the county recording officer an exact copy thereof, made with black India ink or photocopy upon a good quality of linen, tracing cloth or other suitable drafting material having the same or better characteristics of strength, stability and transparency. The engineer or surveyor who made the plat shall make an affidavit to indicate that the photocopy or tracing is an exact copy of the plat. The copy filed with the county recording officer shall be filed in the archives of the county, and be preserved by filing without folding. The subdivider shall provide without cost prints from such copy to the county assessor, county health department, county roadmaster, and county planning commission, and appropriate postal and fire protection agencies. (Ord. 19 § 4.110, 2003)
17.20.120 Filing plat with state.
Either before or after recording the final plat, the subdivider or his surveyor shall file a report with the real estate division, Department of Commerce, state of Oregon, and shall comply with all provisions of the Oregon Statutes relating to the sale of subdivided land in Oregon. A full and complete copy of said report shall be filed with the county planning department. (Ord. 19 § 4.120, 2003)
17.20.130 Approval procedures of final partition plats.
(1) When the county’s approval of a final plat is required to accept the dedication of land for public use, other than for roads (e.g., open space), such plats shall be signed by the county assessor and the chairperson of the county governing body (county judge). In the absence of the county judge, the county assessor and at least one county commissioner shall sign all such plats.
(2) When the county’s approval of a final plat is required in order to accept the dedication or vacation of roads, or where the county’s approval is required to approve a security by the subdivider that certain improvements will be constructed, then the county assessor and the full governing body shall sign all such plats. (Ord. 296 § 3 (Exh. A), 2016; Ord. 157 §§ 1, 2, 2005)