Chapter 16.28
FINAL PLAT
Sections:
16.28.010 Submission of final plat.
16.28.020 Submission of final plats for phased development.
16.28.040 Requirements of survey and plat of subdivision.
16.28.050 Information on plat.
16.28.060 Supplemental information with plat.
16.28.070 Technical review of plat.
16.28.080 Conditions of plat approval.
16.28.090 Final plat approval.
16.28.110 Errors in the final plat.
16.28.010 Submission of final plat.
A. Filing Time Period Requirements. Except as provided for in Section 16.28.020, the applicant shall prepare and submit to the planning department for final approval, a final plat that is in conformance with the tentative plan as approved. Within one year of the approval date for the tentative plan for a subdivision, the applicant shall submit the original drawing, a filing fee and any supplementary information required by this title and the hearings body. If the applicant falls to proceed with the submission before the expiration of the one year period following the approval of the tentative plan, the plan approval shall be void. The applicant may, however, submit a new tentative plan together with the appropriate filing fee.
B. Extensions.
1. If it appears the applicant will not be able to comply with the filing time requirements of this title, the applicant may submit a written application to the planning director or designate requesting an extension of the filing time requirement. The application shall be filed no earlier than sixty (60) days and no later than ten (10) days prior to the date the one year period expires. The appropriate fee shall also accompany it.
2. If there is good cause, the planning director may grant the extension of up to six months from the date of expiration. Good cause shall require a showing by the applicant that the delay is unavoidable and was not the result of the applicant’s own negligence. The applicant must also show he/she has made significant progress on each condition of the tentative plan.
3. Any extension granted by the planning director may be conditioned by a requirement that the applicant provide appropriate guarantees that the requirements of this title will be met.
4. The applicant may appeal a decision of the planning director to the governing body. (Ord. O-160-2000 Exh. A § 4.1, 2000)
16.28.020 Submission of final plats for phased development.
A. If a tentative plan is approved for phased development, the final plat for the first phase shall be filed within one year of the approval date for the tentative plan.
B. The final plats for any subsequent phase shall be within three years of the date of the previous phase recorded.
C. The applicant may request an extension for any final plat under this section in the manner provided for in Section 16.28.010.
D. If the applicant falls to file a final plat, the tentative plan for those phases shall become null and void. (Ord. O-160-2000 Exh. A § 4.2, 2000)
16.28.030 Form of final plat.
The final plat shall be submitted in the form prescribed by state statute and this title. All plats and other writings or dedication made a part of such plats offered for recording shall be made in black india ink, upon material that is eighteen (18) inches by twenty-four (24) inches, suitable for binding and copying, have such characteristics of strength and permanency as may be required by the county. The plat shall be of such a scale, and the indication of the approvals thereof and of the dedication and affidavit of the surveyor shall be of such size or type as will be clearly legible, but no part shall come nearer the edge of the sheet than one inch. The plat may contain as many sheets as necessary, and an index sheet shall be included for plats of three or more sheets. (Ord. O-160-2000 Exh. A 4.3, 2000)
16.28.040 Requirements of survey and plat of subdivision.
Any final subdivision plat submitted shall meet the survey and monumentation requirements of ORS Chapter 92. (Ord. O-160-2000 Exh. A § 4.4, 2000)
16.28.050 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:
A. Name of subdivision;
B. Name of owner(s), secured interest party and surveyor;
C. The date, scale, north arrow and legend;
D. Surveyor’s certificate of exterior boundary;
E. Reference points of existing surveys, identified and related to the plat distances and bearings, and which are referenced to a field book or map as follows:
1. Monuments or other evidences found on the ground and used to determine the boundaries of the subdivision,
2. Monuments established in making the survey or required to be installed by provision of this title;
F. The exact location of right-of-way widths of streets intercepting the boundary of the subdivision;
G. The subdivision and lot boundary lines and street right-of-way and center lines, with dimensions, arc length, chord length, chord bearing, radius, central angle. Normal high water lines for any creek, bay or other body of water. Lot boundaries and street bearing shall be shown to the nearest one second with the basis of bearings identified. Distances shall be shown to the nearest 0.01 feet. No ditto marks shall be used;
H. Streets. The width of the streets being dedicated and the curve data shall be based on the street centerline. In addition to the center line dimensions, the radius arc length and central angle shall be indicated together with the long chord distance and bearing;
I. Easements. Easements shall be noted by fine dotted lines, clearly identified and, if already of record, their recorded reference. If an easement is not on record, a statement of the easement shall be given. The width of the easement, its length and bearings, and sufficient ties to locate the easements with respect to the subdivision shall be shown. If the map is dedicating the easement, it shall be properly referenced in the owner’s certificates of dedication;
J. Lot Numbers. Lot numbers shall begin with the number “1” and numbered consecutively in accordance with ORS 92.090;
K. Public Lands. Public lands, including tracts, lots easements shall he clearly marked to distinguish it from lots intended for sale;
L. Access Restrictions. Limitations on rights of access to and from streets, lots, and other parcels of land shall be clearly stated;
M. Area. The area of each lot to the nearest square foot, if larger than one acre, to the nearest hundredth of an acre;
N. Certificates and Signatures. The following certificates and signatures are required and shall be combined where appropriate:
1. 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,
2. 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,
3. A certificate with the seal of and signed by the surveyor responsible for the survey and final map,
4. A certificate for execution by the county surveyor. Any plat prepared by the county surveyor in a private capacity shall be approved by the county surveyor of another county in accordance with ORS 92.100 (4),
5. A certificate for execution by the county assessor,
6. A certificate for execution by the county tax collector,
7. A certificate 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, water company or similar service district shall be submitted to the board of directors of the district or company and its approval thereof shall be indicated by the board before county approval of such plan, plat or replat of any subdivision. Except that if the applicant is unable to obtain action or approval of any district or company within forty-five (45) days, the applicant shall notify the governing body in writing and thereafter the governing body shall serve notice on that district or company that any objections to the plan, plat or replat must be filed in writing with the governing body within twenty (20) days. Failure of the district or company to respond shall be considered an approval of such plan, plat or replat,
8. The signature of the public works director,
9. The signature of the planning director,
10. A signature of approval by the board of county commissioners with a statement on plat as follows: “Signature by the board of county commissioners constitutes acceptance by the county of any dedication made here in to the public,”
11. Other certificates required by state regulations or county ordinance. (Ord. O-160-2000 Exh. A § 4.5, 2000)
16.28.060 Supplemental information with plat.
The following data, if applicable, shall accompany the plat:
A. 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;
B. Survey Data Sheets. Sheets and drawings shall contain the following information:
1. Traverse data 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. A survey control work sheet may be substituted for this item,
2. The computation of distances, angles and courses shown on the plat,
3. Ties to existing monuments, proposed monuments, adjacent subdivision, street corners, and state highway stationing,
4. Area summary report for surveyor’s certificate, each lot and each road right-of-way;
C. Deed Restrictions. A copy of any deed restriction applicable to the subdivision;
D. Homeowner’s Association. A copy of any homeowner’s association agreement proposed or required for the subdivision;
E. Dedications. A copy of any dedication requiring separate documents with specific reference to parks, playgrounds, etc.;
F. Taxes. A list of all taxes and assessments on the tract, which have become a lien on the land subdivided;
G. Improvement. If grading, street improvements, sewer or water facilities are required as a condition of approval of the final plat, the following shall be required to be submitted with final plat:
1. Improvement plan in accordance with Chapter 16.40 of this title,
2. Plans and profiles of sewage disposal systems, location of manholes and stormwater drainage systems,
3. Plans and profiles of the water distribution system showing pipe sizes and location of valves and fire hydrants,
4. Specifications for the construction of all utilities,
5. Grading plans and specifications as required for areas other than streets and ways,
6. Planting plans and specifications for street trees and other plantings in public areas,
7. Plans for improvements, design factors, or other provisions for fire protection or fire hazard reduction. (Ord. O-160-2000 Exh. A § 4.6, 2000)
16.28.070 Technical review of plat.
A. Ordinance Check. Upon receipt by the planning department, the plat and other data shall be reviewed by the subdivision committee to determine if the subdivision, as shown, is substantially the same as it appeared on the approved tentative plan, and for compliance with provisions of this title and/or other applicable laws.
B. Field Check. The director of public works, the planning director, and the county surveyor or their designated representatives, may make such checks in the field as are desirable to verify that the plat is sufficiently correct. The director of public works, planning director, and county surveyor, or their designated representatives, may enter the property for this purpose. (Ord. O-160-2000 Exh. A § 4.7, 2000)
16.28.080 Conditions of plat approval.
A. The subdivision committee shall determine whether the plat conforms to the approved tentative plan and these regulations. if the committee does not approve the plat, it shall advise the applicant of the changes or additions that must be made, and shall afford him or her an opportunity to make corrections. If the committee determines that the plat conforms to all requirements, it shall recommend approval, provided supplemental documents and provisions for required improvements are satisfactory. Recommendation of 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 governing body.
B. No plat of a proposed subdivision shall be approved unless:
1. Streets and roads for public use are to be dedicated without any reservation or restriction;
2. Streets and roads held for private use are indicated on the tentative plan;
3. The plat or map contains provisions for dedication to the public of all common improvements, including but not limited to streets, roads, parks, sewage disposal and water supply systems, if made a condition of the approval of the tentative plan;
4. Explanations of all common improvements required as conditions of approval of the tentative plan shall be recorded and referenced on the final plat or map.
C. No plat of a subdivision shall be approved unless the subdivider has either constructed and had accepted by the county the required improvements or the subdivider has executed an improvement agreement pursuant to the provisions of Section 16.40.110. If the subdivider chooses to construct the improvements, the subdivider shall also file with the county a warranty bond in the amount of ten (10) percent of the value of the improvements executed by a surety company to cover the one year warranty. The county shall release said bond following final acceptance of the improvements. (Ord. O-160-2000 Exh. A § 4.8, 2000)
16.28.090 Final plat approval.
After the final plat has been checked and approved as provided in this chapter, and when signatures appear thereon, except those of the planning director, county clerk, and the board of county commissioners, the planning director shall certify the final plat and submit it to the board of county commissioners for final approval. (Ord. O-160-2000 Exh. A § 4.11, 2000)
16.28.100 Recording of plat.
A. No plat shall have any force or effect until the board of county commissioners has finally approved the same. No title to any property described in any offer of dedication shall pass until the final plat has been recorded.
B. The professional surveyor or representative shall file the approved final plat, including two exact copies thereof as described in subsection D of this section, with the county clerk.
C. No plat shall be recorded unless all ad valorem taxes and all special assessment fees or other charges required by law to be placed upon the tax roll, which have become a lien upon the subdivision or which will become a lien during the tax year, have been paid.
D. The applicant shall also submit with the final plat two true and exact copies 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 surveyor who made the plat shall make an affidavit to indicate that the photocopy or tracing is an exact copy of the plat. One copy shall be filed with the county clerk, one copy with the county surveyor and shall be certified by him or her to be an exact copy and then shall be filed in the archives of the county, and be preserved by filing without folding. The applicant shall provide recorded copies to the county assessor, county sanitarian, county public works director, county planning department and appropriate postal and fire protection agencies. (Ord. O-160-2000 Exh. A § 4.12, 2000)
16.28.110 Errors in the final plat.
If an error in the final plat is discovered after the plat has been filed with the county clerk, said error shall be corrected by the professional surveyor who prepared the plat and by filing of a correction plat which shall be submitted in the same manner as a final plat. (Ord. O-160-2000 Exh. A § 4.13, 2000)