Chapter 16.12
SUBDIVISION MAP – FINAL
Sections:
16.12.010 Submission of final map.
16.12.040 Information on final map.
16.12.060 Approval by city engineer.
16.12.070 Final approval of planning commission.
16.12.080 City council approval.
16.12.090 Agreement for improvements.
16.12.110 Filing of final plat.
16.12.120 Partition procedures.
16.12.010 Submission of final map.
The subdivider shall cause the proposed subdivision, or any part thereof, to be surveyed and a final map thereof prepared in conformance with the tentative map as approved or conditionally approved. A tracing and five blueline or blackline prints of the final map shall be submitted to the city administrator, together with the prescribed fee, within one year after approval or conditional approval. The tracing and prints are in addition to those required by Oregon statutes. An extension of time not to exceed one year for filing of the final map may be granted by the planning commission, provided written application is made by the subdivider within one year after action on the tentative map. [Ord. 01-02 § 3 (Exh. 3 § 12), 2001.]
16.12.020 Supplemental data.
At the time of the submission of the final map, the subdivider shall also submit the following:
A. A preliminary title report issued by a recognized 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.
B. Sheets and drawings showing the following:
1. Traverse data including the coordinates of the boundary of the subdivision and ties to section corners, donation land claim corners, if any, or triangulation systems, 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 subdivisions, street corners, and state highway stationing.
4. Coordinates of all block corners and all street center points.
C. A copy of any deed restrictions applicable to the subdivision. [Ord. 01-02 § 3 (Exh. 3 § 13), 2001.]
16.12.030 Form of final map.
The final subdivision map shall be prepared in accordance with the provisions of Chapters 16.04 to 16.24 CMC and state laws, including but not limited to ORS 92.000. All tracings required shall be in accordance with state standards, including but not limited to ORS 92.120. [Ord. 01-02 § 3 (Exh. 3 § 14), 2001.]
16.12.040 Information on final map.
The final map shall, in addition to other information required by law, show the following:
A. The date, scale, north point (generally pointing up), legend, and controlling topography (i.e, cracks, highways, railroads, cliffs, etc.).
B. Reference points of existing surveys identified, related to the plat by distances and bearings, and referenced to a field book or map as follows:
1. All stakes, monuments, or other evidence found on the ground and used to establish the initial point of the subdivision boundary, and to otherwise determine the boundaries of the subdivision.
2. Adjoining corners of all adjoining subdivisions.
3. Whenever there has been established or adopted a system of coordinates, ties into this system, but in the absence of such a system, township and section and donation land claim lines within or adjacent to the plat.
4. Whenever the city has established 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 the subdivision, or required to be installed by the provisions of Chapters 16.04 to 16.24 CMC.
C. Tract boundary lines, right-of-way lines, and centerlines of streets, and lot and block lines with dimensions, bearings, or deflection angles and radii, arcs, points of curvature, and tangent bearings. Tract boundary and street bearings shall be shown to the nearest 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.
D. The location of additional monuments, which are to be set upon completion of improvements.
E. The center and side lines of all streets, the width of the portion being dedicated, the width of existing rights-of-way, and the widths of each side of the centerline. For streets on curvature, all curve radii shall be based on the street centerline, indicating thereon the radius and central angle. Block corner curb data to be shown separately.
F. All easements clearly labeled and identified, and, if already of record, the recorded reference. If any easement is not definitely located of record, a statement of the easement. Easements shall be denoted by fine dotted lines. The widths 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, it shall be properly referenced in the owner’s certificate of dedication.
G. Lot numbers beginning with the number “1” in each block and numbered consecutively in a clockwise direction, unless in conflict with adjoining subdivisions.
H. Block numbers beginning with the number “1” and continuing consecutively without omission or duplication throughout the subdivision. The numbers shall be solid and of sufficient size and thickness to stand out and shall be 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.
I. Appropriate words, symbols, or legends distinguishing lots intended for sale from land parcels to be dedicated for any purpose, public or private, with all dimensions, boundaries, and courses clearly shown and defined in every case. [Ord. 01-02 § 3 (Exh. 3 § 15), 2001.]
16.12.050 Certifications.
The following certificates shall appear on the final map as submitted. The certificates may be combined where appropriate.
A. A certificate signed and acknowledged by all parties having any record title interest in the land subdivided, consenting to the preparation and recordation of the map; provided, however, that the signatures of parties owning the following types of interests may be omitted if their names and the nature of their interests are set forth on the map:
1. Rights-of-way, easements, or other interest, none of which can ripen into a fee.
2. Rights-of-way, easements, or reversions which, by reason of changed conditions, long disuse, or laches, appear to be no longer of practical use or value, where release thereof is impossible or impractical to obtain. Any subdivision map, including land originally patented by the United States or the state of Oregon, under patent reserving interest to either or both of these entities, may be recorded under the provisions of Chapters 16.04 to 16.24 CMC without the consent of the United States or the state of Oregon, or to dedication made if the interest reserved is not inconsistent with the use for which the land is being subdivided.
B. A certificate signed and acknowledged as above offering for dedication all parcels of land shown on the final map and intended for any public use; except those parcels other than streets, which are intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants, and servants.
C. A certificate signed and acknowledged by the engineer or surveyor responsible for the survey and final map, the signature of such engineer or surveyor to be accompanied by his seal.
D. Provisions for additional certificates and acknowledgements required by law. [Ord. 01-02 § 3 (Exh. 3 § 16), 2001.]
16.12.060 Approval by city engineer.
Upon receipt, the final map and other data submitted to the city administrator shall be referred to the city engineer, who shall examine it to determine that the subdivision as shown is substantially the same as it appeared on the tentative map as approved; that all provisions of the law and Chapters 16.04 to 16.24 CMC applicable at the time of approval of the tentative map have been complied with; and that the map is technically correct. The city engineer may make checks in the field, as he may desire, to verify that the map is sufficiently correct on the ground; and he may enter the property for this purpose. If the city engineer shall determine that full conformity has not been made, he shall advise the subdivider of the changes or additions that must be made for these purposes, and shall afford the subdivider an opportunity to make the changes or additions. If the city engineer determines that full conformity has been made, he shall so certify on the map and shall transmit the map to the planning commission. The city reserves the right to contract with an independent civil engineer at the applicant’s expense, in the event the designated city engineer is precluded from acting on the city’s behalf. [Ord. 01-02 § 3 (Exh. 3 § 17), 2001.]
16.12.070 Final approval of planning commission.
Upon return of the final map by the city engineer, the planning commission shall examine the same to determine whether the map conforms with the tentative map and with all changes permitted and all requirements imposed as a condition of its acceptance. If the planning commission does not approve the map, it shall advise the subdivider of the changes or additions that must be made for this purpose, and shall afford him an opportunity to make the same. If the planning commission determines that the map conforms to all requirements, it shall approve the same; but before certifying its approval thereon, it shall require the subdivider to file the agreement and bond, or make the deposit, required in CMC 16.12.090 and 16.12.100; and when the agreement and bond have been filed and approved as prescribed, the planning commission’s approval shall be endorsed upon the map by execution of the appropriate certificate, as prescribed by law. [Ord. 01-02 § 3 (Exh. 3 § 18), 2001.]
16.12.080 City council approval.
Council to be advised of planning commission’s decision. The city council must also approve the final plat and accept the dedication of any public right-of-way. [Ord. 01-02 § 3 (Exh. 3 § 19), 2001.]
16.12.090 Agreement for improvements.
Before planning commission approval is certified on the final map, the subdivider shall either install required improvements or shall execute and file with the recorder-treasurer an agreement between himself and the city, specifying the period within which he or his agent or contractor shall complete all improvement work required by or pursuant to Chapters 16.04 to 16.24 CMC; and, providing that if he shall fail to complete the work within the period, the city may complete the same and recover the full cost and expense thereof from the subdivider. The agreement shall also provide for reimbursement of the city by the subdivider for the cost of inspection by the city engineer. The agreement may also provide for the construction of the improvements in units, for an extension of time under conditions therein specified, and for the termination of the agreement upon the completion, and proceedings under an assessment district act for the construction of improvements specified in the agreement and required to be constructed by the subdivider. [Ord. 01-02 § 3 (Exh. 3 § 20), 2001.]
16.12.100 Bond.
A. The subdivider shall file with the agreement, 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 of Oregon.
2. Cash.
B. The assurance of full and faithful performance shall be for a sum approved by the city administrator/recorder sufficient to cover the cost of the improvements, engineering, inspection, and incidental expenses, and to cover replacement and repair of existing streets and other public improvements damaged in the development of the subdivision; and must be approved by the city attorney as to form.
C. In the event the subdivider fails to complete all improvement work in accordance with the provisions of Chapters 16.04 to 16.24 CMC, and the city has to complete same, or if the subdivider fails to reimburse the city for the cost of inspection, engineering, and incidental expenses, and to cover cost of replacement and repair of existing streets or other improvement damages in the development of the subdivision, the city shall call on the surety for reimbursement or shall appropriate from any cash deposits funds for reimbursements. In any such case, if the amount of surety bond or cash deposit is less than the cost and expense incurred by the city, the subdivider shall be liable to the city for the difference. [Ord. 01-02 § 3 (Exh. 3 § 21), 2001.]
16.12.110 Filing of final plat.
Approval of the final plat by the city, as provided in Chapters 16.04 to 16.24 CMC, 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 the last required approving signature has been obtained. [Ord. 01-02 § 3 (Exh. 3 § 22), 2001.]
16.12.120 Partition procedures.
Partitions shall be subject to the same requirements of this title as are required of subdivision except the review and approval of a tentative plan for a partition may be completed administratively with the right of appeal to the planning commission. [Ord. 01-02 § 3 (Exh. 3 § 23), 2001.]