The purpose of this chapter is to assure the mapping and recording of final plats for land divisions fully complies with the requirements of state law and the provisions of this title.
(2005 RLDC § 56.010)
The Review Body shall examine and approve or deny final plats using ministerial review procedures as set forth in Chapter 19.22 JCC.
(2005 RLDC § 56.020)
An application for final plat approval shall be required for all land divisions. The application shall be filed with the Planning Director and shall include up to five copies of the final plat drawing that conforms to the conditions of tentative approval and the procedural and mapping requirements of this chapter and Chapter 19.57 JCC regarding monumentation and applicable Oregon Revised Statutes. The Planning Director is authorized to reduce the number of copies of the final plat when fewer than five copies are needed to accomplish review. Applications for final plats shall be submitted to the Planning Director within the time limit and extension periods as provided in JCC § 19.50.100 and § 19.41.030, together with the required review fee for final plats.
(2005 RLDC § 56.030; Ord. 2010-001 § 1)
A final plat shall be approved when the special conditions of approval have been satisfied and the final plat conforms to the approved tentative plan map, and otherwise meets the mapping and content requirements for final plats as set forth in this title and any other applicable state law or rule.
(2005 RLDC § 56.040)
A.
General Requirements. Final plats for all land divisions shall be an accurate plat for official record prepared by a land surveyor licensed and registered by the state of Oregon, and shall conform to the provisions of this title, the applicable laws of the state of Oregon, and the other requirements contained in the County's approval. In addition, the final plat shall include:
1.
An affidavit from the surveyor stating that the surveyor has correctly marked, with proper monuments, if required, the land as represented in the plat and that the survey was carried out in accordance with the standards of Chapter 19.57 JCC; and
2.
Documentation showing that all outstanding assessments have been paid or the assessments have been segregated by the County Assessor.
B.
Drawing Requirements. Final plats shall show any dedication of streets, roads or public parks and squares, and any other representations or writings which were approved as part of the record. These items shall be rendered in permanent black India ink or silver halide permanent photocopy, upon four mil or thicker Mylar or equivalent material, approved by the County Surveyor, and which is 18 inches by 24 inches in size. In addition:
1.
The strength and permanency of the original drawing shall be such that the plat is suitable for recording as a permanent record in the office of the County Clerk;
2.
All signatures on the original plat shall be in permanent black India type ink;
3.
The plat shall be drawn to a scale approved by the County Surveyor;
4.
The lettering of the approvals, any declarations, the affidavit, and all other narrative information and drawings shall be of such a size or type as will be clearly legible, and no part shall come closer to 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 using three or more sheets;
5.
The final plat shall also be accompanied by an exact duplicate of the final plat, suitable for making prints.
C.
Content Requirements. Final plats shall contain, in addition to any other requirements of state law or rule, the following information (either on the plat or accompanying the plat):
1.
The date, north arrow, scale, name of the subdivision and an indication the map is a "final plat";
2.
The legal description of the tract boundaries;
3.
The name of the owner or owners, subdivider, and engineer or surveyor;
4.
The reference points of existing identified surveys, 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 land division;
b.
Corners of adjoining land divisions;
c.
City boundary lines when crossing or adjacent to the land division;
d.
Other monuments found or established in making the survey of the land division, or required to be installed by provisions of this title;
5.
The exact location and width of streets and easements intercepting the boundary of the tract;
6.
The tract, block, and lot or parcel boundary lines, street right-of-way and centerlines with dimensions, bearings or deflection angles, radii, arcs, points of curvature, and tangent bearings. Approximate high water lines for any creek, lake, or other body of water, and the 100-year flood hazard. Tract boundaries and street bearings shall be shown to the nearest 10 seconds with bases of bearings. Distances shall be shown to the nearest 0.01 feet. No ditto marks shall be used;
7.
The width of the portion of streets being dedicated and the width of existing rights-of-way. For streets on a curvature which are being dedicated, curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated;
8.
Any easements, denoted by fine dotted lines, clearly identified and, if already of record, their recorded reference. New easements shall be referenced in the owner's certificates of dedication. Private easements shall become effective when the plat is recorded;
9.
Lot or parcel numbers beginning with the number "1" and thereafter numbered consecutively;
10.
The area contained in each lot or parcel. For lots or parcels one acre or larger that have been surveyed, the area shall be shown to the nearest hundredth of an acre; for lots or parcels less than one acre, the area to the nearest square foot;
11.
Any subdivision submitted for final approval shall not use block numbers or letters unless the subdivision is a continued phase of a previously recorded subdivision, bearing the same name, that has previously used block numbers or letters;
12.
Identification of land parcels to be dedicated for any purpose, public or private, so as to be distinguishable from lots or parcels intended for sale;
13.
The following certificates (combined when appropriate):
a.
A certificate signed and acknowledged by all parties having any proprietary interest in the land, consenting to the preparation and recording of the plat or final map;
b.
A certificate signed and acknowledged by the parties described in subsection (C)(14)(a) of this section, dedicating all lots of land shown on the final map or final plat intended for the exclusive use of the owners in the land division, their licensees, visitors, tenants, and servants;
c.
A certificate conforming to the requirements of ORS 92.070, with the seal of, and signed by, the engineer or surveyor responsible for the survey and final plat or final map;
d.
A certificate or transfer deed signed by all parties having any proprietary interest in the land, dedicating to the public all streets and roads without any reservation or restriction other than reversionary rights upon vacation of any street or road and easement for public utilities;
e.
Other certifications now or hereafter required by law.
D.
Accompanying Data. The following data shall accompany the final plat:
1.
A subdivision guarantee 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;
2.
A copy of any required deed restrictions applicable to the subdivision or partition;
3.
A copy of any dedication requiring separate documents;
4.
A list of all taxes and assessments on the tract which have become a lien on the tract;
5.
Sheets and drawings showing the following:
a.
Boundary and lot closures including the coordinates for all boundary and lot corners of the subdivision or partition and ties to section corners and donation land claim corners, and showing the error of closure, if any;
b.
The computation of distances, angles, and courses shown on the plat;
c.
Ties to existing monuments, proposed monuments, adjacent subdivisions, street corners, and street highway stationing.
6.
A statement from the County Engineer indicating the developer has complied with the street and facility improvement requirements of the tentative plan and this chapter, or a guarantee has been given and approved that meets the requirements of Chapter 19.14 JCC, and will assure completion of all required improvements and monumentation.
(2005 RLDC § 56.050; Ord. 2022-010 § 1)
Final plats shall be reviewed using the following procedures:
A.
General Procedures. Final plats for various land divisions shall be reviewed, approved and recorded subject to the following general procedures:
2.
It shall be the responsibility of the owner/developer to transmit the final plat between the County departments specified in subsection (A)(1) of this section.
3.
Review and approval of each required County official shall be memorialized on the final plat by a caption so stating, accompanied by the signature of the official, or agent of the official, authorized to give such approval.
4.
An approval of a final plat shall constitute a determination that the plat satisfies all applicable state and local regulations, as well as the special conditions for approval as established by the decision of the Review Body.
B.
County Planning Director. All final plats shall be submitted to the Planning Director for review, together with the prescribed fee. The Director shall review the tentative plan approval to determine whether all of the conditions for approval have been satisfied. In the case of final plats for planned unit development subdivisions, the Director shall forward to the County Counsel all documents related to the management of common areas for review and approval. The Director shall indicate compliance by signing the final plat. If any condition or conditions of tentative plan approval have not been satisfied, the Director shall provide the owner/developer with a statement of the unsatisfied condition or conditions and the date upon which the tentative plan approval expires. The owner/developer may resubmit a revised plat any time prior to the expiration of the tentative plan approval.
C.
County Surveyor. All final plats shall be submitted to the Surveyor for review, together with the prescribed fee. The Surveyor shall check the plats to determine compliance with the applicable requirements of state and local survey and platting laws. The Surveyor shall indicate compliance by signing the final plat. If a plat fails to conform to any applicable requirement, and changes to the plat can be made to correct the deficiency or deficiencies, the Surveyor shall provide a written statement to the property owner/developer specifying the modifications that must be made.
D.
County Assessor. All final plats along with the necessary accompanying data shall be submitted to the Assessor for review. The Assessor shall determine that all required deeds have been prepared and that all ad valorem taxes, special assessments and other charges that have or will become a lien during the calender year have been paid. The Assessor shall determine that all persons having an interest in the property subject to the plat have signed the plat indicating their approval of the plat. The Assessor shall indicate compliance by signing the final plat.
E.
Board of Commissioners. The Board of Commissioners shall review and approve all final plats for subdivisions and planned unit development subdivisions in a weekly business session.
F.
County Clerk. All final plats and required deeds (e.g., conveyances conforming to approved property line adjustments) shall be recorded in the County Clerk's records within 90 days from the date the Planning Director signs the plat. Failure to record the required documents within this time limit shall render void all departmental and Review Body approvals, to include the tentative plan.
G.
Other Requirements. The following additional process requirements shall apply to final plats:
(2005 RLDC § 56.060; Ord. 2022-010 § 1)
Approval of a final plat or map by the Review Body shall not be deemed to constitute or effect an acceptance for maintenance by the County for any street or other proposed public way or area shown on the plat, unless such acceptance has been accomplished by a separate order of the Board of Commissioners.
(2005 RLDC § 56.070)
In lieu of the actual construction of required improvements and otherwise meeting the obligations referred to in this title, the County may accept a guarantee, at its option, from the developer setting the date upon which construction and acceptance shall be completed. The guarantee shall be in writing and shall specify the exact terms of the improvements to be completed. The guarantee shall meet the requirements of Chapter 19.14 JCC.
(2005 RLDC § 56.080)