US Laws, Codes, Statutes & Cases

Chapter 92 — Subdivisions and Partitions

 

2007 EDITION

 

SUBDIVISIONS AND PARTITIONS

 

PROPERTY RIGHTS AND TRANSACTIONS

 

TENTATIVE AND FINAL APPROVAL OF PLANS; PLATS

 

92.010       Definitions for ORS 92.010 to 92.190

 

92.012       Compliance with ORS 92.010 to 92.190 required

 

92.014       Approval of city or county required for specified divisions of land

 

92.016       Sale or negotiation to sell lot or parcel prior to approval of tentative plan

 

92.017       When lawfully created lot or parcel remains discrete lot or parcel

 

92.018       Buyer’s remedies for purchase of improperly created unit of land

 

92.025       Prohibition of sale of lot or parcel prior to recordation of plat; waiver

 

92.027       Deed reference to creation of unit of land

 

92.040       Application for approval of subdivision or partition; tentative plan; applicability of local government laws

 

92.042       Governing body having jurisdiction to approve plans, maps or plats

 

92.044       Adoption of standards and procedures governing approval of plats and plans; delegation; fees

 

92.046       Adoption of regulations governing approval of partitioning of land; delegation; fees

 

92.048       Procedure for adoption of regulations under ORS 92.044 and 92.046

 

92.050       Requirements of survey and plat of subdivision and partition

 

92.055       Requirements for unsurveyed and unmonumented parcels on plats

 

92.060       Marking subdivision, partition or condominium plats with monuments; types of monuments

 

92.065       Monumenting certain subdivision corners after recording plat; bond, cash deposit or other security

 

92.070       Surveyor’s certificates; procedure for recording monumented corners on plat previously recorded; reestablishing certain monuments

 

92.075       Declaration required to subdivide or partition property; contents

 

92.080       Preparation of plat

 

92.090       Approval of subdivision plat names; requisites for approval of tentative subdivision or partition plan or plat

 

92.095       Payment of taxes, interest or penalties before subdivision or partition plat recorded

 

92.097       Employment of private licensed engineer by private developer; government standards and fees

 

92.100       Approval of plat by city or county surveyor; procedures; approval by county assessor and county governing body; fees

 

92.105       Time limit for final action by city or county on tentative plan

 

92.120       Recording plats; filing copies; preservation of records

 

92.130       Additional tracings transferred to county surveyor; replacing lost or destroyed records

 

92.140       Indexing of plats

 

92.150       Construction of donations marked on plat

 

92.160       Notice to Real Estate Commissioner of receipt of subdivision plat

 

92.170       Amending recorded plat; affidavit of correction

 

92.175       Methods by which certain land may be provided for public purposes

 

92.176       Validation of unit of land not lawfully established

 

92.177       Creation of parcel by less than all owners of lawfully established unit of land

 

92.178       Creation of parcel previously approved but not acted upon

 

92.179       Liability for costs of relocating utility facilities

 

REPLATTING

 

92.180       Authority to review replats

 

92.185       Reconfiguration of lots or parcels and public easements; vacation; notice; utility easements

 

92.190       Effect of replat; operation of other statutes; use of alternate procedures

 

UNDEVELOPED SUBDIVISIONS

 

92.205       Policy

 

92.215       Review authorized; manner

 

92.225       Review of undeveloped or developed subdivision plat lands

 

92.234       Revision, vacation of undeveloped subdivisions; vacation proceedings; effect of initiation by affected landowner

 

92.245       Fees for review proceedings resulting in modification or vacation

 

MISCELLANEOUS PROVISIONS

 

92.285       Retroactive ordinances prohibited

 

OREGON SUBDIVISION AND SERIES PARTITION CONTROL LAW

 

(Generally)

 

92.305       Definitions for ORS 92.305 to 92.495

 

92.313       Policy; construction; citation

 

92.317       Policy; protection of consumers

 

92.325       Application of ORS 92.305 to 92.495

 

92.337       Exemption procedures; withdrawal of exemption; filing fee

 

92.339       Use of fees

 

(Filing Requirements)

 

92.345       Notice of intention; fee

 

92.355       Commissioner may request further information; content

 

92.365       Filing information to be kept current; fee for notice of material change

 

92.375       Consent to service of process on commissioner

 

(Examination of Subdivision and Series Partition; Public Report)

 

92.385       Examination; public report; waiver of examination in other state

 

92.395       Waiver of examination in this state; notice to subdivider or series partitioner

 

92.405       Sale prohibited where public report not waived; distribution and use of public report

 

92.410       Review of subdivisions for which public report issued; revised public report; compliance with ORS 92.305 to 92.495

 

92.415       Advance of travel expense for examination of subdivision or series partition

 

(Requirements for Sale)

 

92.425       Conditions prerequisite to sale

 

92.427       Cancellation of agreement to buy interest in subdivision or series partition; procedure; effect; waiver; exemptions

 

92.430       Notice to purchaser of cancellation rights; form

 

92.433       Escrow documents required of successor to vendor’s interest

 

92.455       Inspection of records

 

(Prohibited Acts)

 

92.460       Blanket encumbrance permitted only in certain circumstances

 

92.465       Fraud and deceit prohibited

 

92.475       False or misleading advertising prohibited; liability

 

92.485       Waiver of legal rights void

 

(Enforcement)

 

92.490       Civil penalty

 

92.495       Cease and desist order; injunction

 

SUBDIVISION IN MANUFACTURED DWELLING PARK OR MOBILE HOME PARK

 

92.830       Definitions for ORS 92.830 to 92.845

 

92.832       Policy

 

92.835       Subdivision of manufactured dwelling park or mobile home park; waiver of right of remonstrance to formation of local improvement district

 

92.837       Application of city or county comprehensive plans and land use regulations; placement of new or replacement manufactured dwelling

 

92.840       Sale of subdivision lots in manufactured dwelling park or mobile home park; offer to sell lot to tenant; improvement or rehabilitation of park proposed for subdivision

 

92.843       Approval of declaration or amendment to declaration made pursuant to ORS 92.845

 

92.845       Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes; system development charges

 

PENALTIES

 

92.990       Penalties

 

TENTATIVE AND FINAL APPROVAL OF PLANS; PLATS

 

      92.010 Definitions for ORS 92.010 to 92.190. As used in ORS 92.010 to 92.190, unless the context requires otherwise:

      (1) “Declarant” means the person who files a declaration under ORS 92.075.

      (2) “Declaration” means the instrument described in ORS 92.075 by which the subdivision or partition plat was created.

      (3)(a) “Lawfully established unit of land” means:

      (A) A lot or parcel created pursuant to ORS 92.010 to 92.190; or

      (B) Another unit of land created:

      (i) In compliance with all applicable planning, zoning and subdivision or partition ordinances and regulations; or

      (ii) By deed or land sales contract, if there were no applicable planning, zoning or subdivision or partition ordinances or regulations.

      (b) “Lawfully established unit of land” does not mean a unit of land created solely to establish a separate tax account.

      (4) “Lot” means a single unit of land that is created by a subdivision of land.

      (5) “Negotiate” means any activity preliminary to the execution of a binding agreement for the sale of land in a subdivision or partition, including but not limited to advertising, solicitation and promotion of the sale of such land.

      (6) “Parcel” means a single unit of land that is created by a partition of land.

      (7) “Partition” means either an act of partitioning land or an area or tract of land partitioned.

      (8) “Partition land” means to divide land to create not more than three parcels of land within a calendar year, but does not include:

      (a) A division of land resulting from a lien foreclosure, foreclosure of a recorded contract for the sale of real property or the creation of cemetery lots;

      (b) An adjustment of a property line by the relocation of a common boundary where an additional unit of land is not created and where the existing unit of land reduced in size by the adjustment complies with any applicable zoning ordinance;

      (c) The division of land resulting from the recording of a subdivision or condominium plat;

      (d) A sale or grant by a person to a public agency or public body for state highway, county road, city street or other right of way purposes provided that such road or right of way complies with the applicable comprehensive plan and ORS 215.213 (2)(p) to (r) and 215.283 (2)(q) to (s). However, any property divided by the sale or grant of property for state highway, county road, city street or other right of way purposes shall continue to be considered a single unit of land until such time as the property is further subdivided or partitioned; or

      (e) A sale or grant by a public agency or public body of excess property resulting from the acquisition of land by the state, a political subdivision or special district for highways, county roads, city streets or other right of way purposes when the sale or grant is part of a property line adjustment incorporating the excess right of way into adjacent property. The property line adjustment shall be approved or disapproved by the applicable local government. If the property line adjustment is approved, it shall be recorded in the deed records of the county where the property is located.

      (9) “Partition plat” includes a final map and other writing containing all the descriptions, locations, specifications, provisions and information concerning a partition.

      (10) “Plat” includes a final subdivision plat, replat or partition plat.

      (11) “Property line” means the division line between two units of land.

      (12) “Property line adjustment” means the relocation or elimination of a common property line between abutting properties.

      (13) “Replat” means the act of platting the lots, parcels and easements in a recorded subdivision or partition plat to achieve a reconfiguration of the existing subdivision or partition plat or to increase or decrease the number of lots in the subdivision.

      (14) “Road” or “street” means a public or private way that is created to provide ingress or egress for persons to one or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining or agricultural purposes.

      (15) “Sale” or “sell” includes every disposition or transfer of land or an interest or estate therein.

      (16) “Subdivide land” means to divide land to create four or more lots within a calendar year.

      (17) “Subdivision” means either an act of subdividing land or an area or a tract of land subdivided.

      (18) “Subdivision plat” includes a final map and other writing containing all the descriptions, locations, specifications, dedications, provisions and information concerning a subdivision.

      (19) “Utility easement” means an easement noted on a subdivision plat or partition plat for the purpose of installing or maintaining public or private utility infrastructure for the provision of water, power, heat or telecommunications to the public. [Amended by 1955 c.756 §1; 1973 c.696 §3; 1977 c.809 §4; 1979 c.46 §1; 1985 c.369 §5; 1985 c.717 §1; 1989 c.772 §1; 1991 c.763 §1; 1993 c.702 §1; 1993 c.704 §4; 1995 c.382 §3; 1997 c.268 §1; 2001 c.544 §3; 2005 c.399 §1; 2007 c.652 §1; 2007 c.866 §4]

 

      92.012 Compliance with ORS 92.010 to 92.190 required. No land may be subdivided or partitioned except in accordance with ORS 92.010 to 92.190. [1973 c.696 §2; 1975 c.643 §24]

 

      92.014 Approval of city or county required for specified divisions of land. (1) A person may not create a street or road for the purpose of subdividing or partitioning an area or tract of land without the approval of the city or county having jurisdiction over the area or tract of land to be subdivided or partitioned.

      (2) Notwithstanding ORS 92.175, an instrument dedicating land to public use may not be accepted for recording in this state unless the instrument bears the approval of the city or county authorized by law to accept the dedication. [1955 c.756 §3; 1973 c.696 §4; 1991 c.763 §4; 2005 c.399 §2]

 

      92.016 Sale or negotiation to sell lot or parcel prior to approval of tentative plan. (1) No person shall sell any lot in any subdivision with respect to which approval is required by any ordinance or regulation adopted under ORS 92.044 and 92.048 until such approval is obtained. No person shall negotiate to sell any lot in a subdivision until a tentative plan has been approved.

      (2) A person may negotiate to sell any parcel in a partition with respect to which approval of a tentative plan is required by any ordinance or regulation adopted under ORS 92.044 or 92.046, respectively, prior to the approval of the tentative plan for the partition, but no person may sell any parcel in a partition for which approval of a tentative plan is required by any ordinance or regulation adopted under ORS 92.044 or 92.046, respectively, prior to such approval. [1955 c.756 §24; 1973 c.696 §5; 1974 c.74 §1; 1977 c.809 §5; 1991 c.763 §5; 2003 c.14 §34]

 

      92.017 When lawfully created lot or parcel remains discrete lot or parcel. A lot or parcel lawfully created shall remain a discrete lot or parcel, unless the lot or parcel lines are vacated or the lot or parcel is further divided, as provided by law. [1985 c.717 §3; 1993 c.702 §2]

 

      92.018 Buyer’s remedies for purchase of improperly created unit of land. (1) If a person buys a unit of land that is not a lawfully established unit of land, the person may bring an individual action against the seller in an appropriate court to recover damages or to obtain equitable relief. The court shall award reasonable attorney fees to the prevailing party in an action under this section.

      (2) If the seller of a unit of land that was not lawfully established is a county that involuntarily acquired the unit of land by means of foreclosure under ORS chapter 312 of delinquent tax liens, the person who purchases the unit of land is not entitled to damages or equitable relief. [1983 c.718 §4; 1995 c.618 §53; 1997 c.805 §2; 2007 c.866 §5]

      92.020 [Repealed by 1955 c.756 §5 (92.025 enacted in lieu of 92.020 and 92.030)]

 

      92.025 Prohibition of sale of lot or parcel prior to recordation of plat; waiver. (1) A person may not sell a lot in a subdivision or a parcel in a partition until the plat of the subdivision or partition has been acknowledged and recorded with the recording officer of the county in which the lot or parcel is situated.

      (2) A person may not sell a lot in a subdivision or a parcel in a partition by reference to or exhibition or other use of a plat of the subdivision or partition before the plat for the subdivision or partition has been so recorded. In negotiating to sell a lot in a subdivision or a parcel in a partition under ORS 92.016 (1) and (2), a person may use the approved tentative plan for the subdivision or partition.

      (3) Notwithstanding subsections (1) and (2) of this section, the governing body of a city or county may enact an ordinance waiving the requirement that parcels created in excess of 80 acres be shown on a partition plat. Nothing in this subsection shall exempt a local government from minimum area requirements established in acknowledged comprehensive plans and land use regulations. [1955 c.756 §6 (enacted in lieu of 92.020 and 92.030); 1973 c.696 §6; 1977 c.809 §6; 1989 c.772 §4; 1991 c.763 §6; 2005 c.399 §3]

 

      92.027 Deed reference to creation of unit of land. A person who conveys or contracts to convey fee title to a lot or parcel, or another unit of land resulting from a lien foreclosure or foreclosure of a recorded contract for the sale of real property, created or established on or after January 1, 2008, must include in the deed or other instrument conveying or contracting to convey fee title:

      (1) A reference to the recorded subdivision plat or partition plat for the lot or parcel;

      (2) A reference to or exhibit of the final land use decision that approved the subdivision or partition if a subdivision plat or partition plat is not required by law; or

      (3) A reference to or exhibit of a final judgment or other document that evidences a lien foreclosure or a foreclosure of a recorded contract for the sale of the real property. [2007 c.866 §3]

 

      Note: 92.027 was added to and made a part of 92.010 to 92.190 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      92.030 [Repealed by 1955 c.756 §5 (92.025 enacted in lieu of 92.020 and 92.030)]

 

      92.040 Application for approval of subdivision or partition; tentative plan; applicability of local government laws. (1) Before a plat of any subdivision or partition subject to review under ORS 92.044 may be made and recorded, the person proposing the subdivision or partition or authorized agent or representative of the person shall make an application in writing to the county or city having jurisdiction under ORS 92.042 for approval of the proposed subdivision or partition in accordance with procedures established by the applicable ordinance or regulation adopted under ORS 92.044. Each such application shall be accompanied by a tentative plan showing the general design of the proposed subdivision or partition. No plat for any proposed subdivision or partition may be considered for approval by a city or county until the tentative plan for the proposed subdivision or partition has been approved by the city or county. Approval of the tentative plan shall not constitute final acceptance of the plat of the proposed subdivision or partition for recording. However, approval by a city or county of such tentative plan shall be binding upon the city or county for the purposes of the preparation of the subdivision or partition plat, and the city or county may require only such changes in the subdivision or partition plat as are necessary for compliance with the terms of its approval of the tentative plan for the proposed subdivision or partition.

      (2) After September 9, 1995, when a local government makes a decision on a land use application for a subdivision inside an urban growth boundary, only those local government laws implemented under an acknowledged comprehensive plan that are in effect at the time of application shall govern subsequent construction on the property unless the applicant elects otherwise.

      (3) A local government may establish a time period during which decisions on land use applications under subsection (2) of this section apply. However, in no event shall the time period exceed 10 years, whether or not a time period is established by the local government. [Amended by 1955 c.756 §7; 1973 c.696 §7; 1983 c.826 §8; 1989 c.772 §5; 1995 c.812 §9; 2005 c.22 §71]

 

      92.042 Governing body having jurisdiction to approve plans, maps or plats. (1) Land within six miles outside of the corporate limits of a city is under the jurisdiction of the city for the purpose of giving approval of plans, maps and plats of subdivisions and partitions under ORS 92.040 and 227.110. However, unless otherwise provided in an urban growth area management agreement jointly adopted by a city and county to establish procedures for regulating land use outside the city limits and within an urban growth boundary acknowledged under ORS 197.251, when the governing body of a county has adopted ordinances or regulations for subdivision and partition control as required by ORS 92.044, land in the county within the six-mile limit shall be under the jurisdiction of the county for those purposes.

      (2) Land over six miles from the corporate limits of a city is under the jurisdiction of the county for the purpose of giving approval of plans, maps and plats for subdivisions and partitions under ORS 92.040. [1955 c.756 §4; 1973 c.261 §1; 1973 c.696 §8; 1983 c.570 §3; 1991 c.763 §7]

 

      92.044 Adoption of standards and procedures governing approval of plats and plans; delegation; fees. (1)(a) The governing body of a county or a city shall, by regulation or ordinance, adopt standards and procedures, in addition to those otherwise provided by law, governing, in the area over which the county or the city has jurisdiction under ORS 92.042, the submission and approval of tentative plans and plats of subdivisions, tentative plans and plats of partitions in exclusive farm use zones established under ORS 215.203.

      (b) The standards shall include, taking into consideration the location and surrounding area of the proposed subdivisions or partitions, requirements for:

      (A) Placement of utilities subject to subsection (7) of this section, for the width and location of streets or for minimum lot sizes and other requirements the governing body considers necessary for lessening congestion in the streets;

      (B) Securing safety from fire, flood, slides, pollution or other dangers;

      (C) Providing adequate light and air including protection and assurance of access to incident solar radiation for potential future use;

      (D) Preventing overcrowding of land;

      (E) Facilitating adequate provision of transportation, water supply, sewerage, drainage, education, recreation or other needs; and

      (F) Protection and assurance of access to wind for potential electrical generation or mechanical application.

      (c) The ordinances or regulations shall establish the form and contents of tentative plans of partitions and subdivisions submitted for approval.

      (d) The procedures established by each ordinance or regulation shall provide for the coordination in the review of the tentative plan of any subdivision or partition with all affected city, county, state and federal agencies and all affected special districts.

      (2)(a) The governing body of a city or county may provide for the delegation of any of its lawful functions with respect to subdivisions and partitions to the planning commission of the city or county or to an official of the city or county appointed by the governing body for such purpose.

      (b) If an ordinance or regulation adopted under this section includes the delegation to a planning commission or appointed official of the power to take final action approving or disapproving a tentative plan for a subdivision or partition, such ordinance or regulation may also provide for appeal to the governing body from such approval or disapproval.

      (c) The governing body may establish, by ordinance or regulation, a fee to be charged for an appeal under ORS chapter 197, 215 or 227, except for an appeal under ORS 197.805 to 197.855.

      (3) The governing body may, by ordinance or regulation, prescribe fees sufficient to defray the costs incurred in the review and investigation of and action upon proposed subdivisions that are submitted for approval pursuant to this section. As used in this subsection, “costs” does not include costs for which fees are prescribed under ORS 92.100 and 205.350.

      (4) The governing body may, by ordinance or regulation, prescribe fees sufficient to defray the costs incurred in the review and investigation of and action upon proposed partitions that are submitted for approval pursuant to this section.

      (5) Ordinances and regulations adopted under this section shall be adopted in accordance with ORS 92.048.

      (6) Any ordinance or regulation adopted under this section shall comply with the comprehensive plan for the city or county adopting the ordinance or regulation.

      (7) Unless specifically requested by a public or private utility provider, the governing body of a city or county may not require a utility easement except for a utility easement abutting a street. Utility infrastructure may not be placed within one foot of a survey monument location noted on a subdivision or partition plat. The governing body of a city or county may not place additional restrictions or conditions on a utility easement granted under this chapter.

      (8) For the purposes of this section:

      (a) “Incident solar radiation” means solar energy falling upon a given surface area.

      (b) “Wind” means the natural movement of air at an annual average speed measured at a height of 10 meters of at least eight miles per hour. [1955 c.756 §9; 1973 c.696 §9; 1974 c.74 §2; 1979 c.671 §1; 1981 c.590 §5; 1983 c.570 §1; 1983 c.826 §9; 1983 c.827 §19e; 1987 c.649 §11; 1989 c.772 §6; 1991 c.763 §8; 1993 c.792 §46; 1997 c.489 §1; 1999 c.348 §12; 2005 c.399 §4; 2007 c.652 §2]

 

      92.046 Adoption of regulations governing approval of partitioning of land; delegation; fees. (1) The governing body of a county or a city may, as provided in ORS 92.048, when reasonably necessary to accomplish the orderly development of the land within the jurisdiction of such county or city under ORS 92.042 and to promote the public health, safety and general welfare of the county or city, adopt regulations or ordinances governing approval, by the county or city of proposed partitions. Such regulations or ordinances shall be applicable throughout the area over which the county or city has jurisdiction under ORS 92.042, or over any portion thereof. Such ordinances or regulations may specify the classifications of such partitions which require approval under this section and may establish standards and procedures governing the approval of tentative plans for such partitions. The standards may include all, or less than all, of the same requirements as are provided or authorized for subdivisions under ORS 92.010 to 92.190 and may provide for different standards and procedures for different classifications of such partitions so long as the standards are no more stringent than are imposed by the city or county in connection with subdivisions.

      (2) Such ordinances or regulations may establish the form and contents of the tentative plans of partitions submitted for approval.

      (3)(a) The governing body of a city or county may provide for the delegation of any of its lawful functions with respect to partitions to the planning commission of the city or county or to an official of the city or county appointed by the governing body for such purpose.

      (b) If an ordinance or regulation adopted under this section includes the delegation to a planning commission or appointed official of the power to take final action approving or disapproving a tentative plan for a partition, such ordinance or regulation may also provide for appeal to the governing body from such approval or disapproval and require initiation of any such appeal within 10 days after the date of the approval or disapproval from which the appeal is taken.

      (c) The governing body may establish, by ordinance or regulation, a fee to be charged for an appeal under ORS chapter 197, 215 or 227, except for an appeal under ORS 197.805 to 197.855.

      (4) The governing body may, by ordinance or regulation, prescribe fees sufficient to defray the costs incurred in the review and investigation of and action upon applications for approval of proposed partitions.

      (5) No tentative plan of a proposed partition may be approved unless the tentative plan complies with the applicable zoning ordinances and regulations and the ordinances or regulations adopted under this section that are then in effect for the city or county within which the land described in the tentative plan is situated.

      (6) Any ordinance or regulation adopted under this section shall comply with the comprehensive plan for the city or county adopting the ordinance or regulation. [1955 c.756 §22; 1973 c.696 §10; 1983 c.827 §19f; 1989 c.772 §7; 1993 c.792 §47; 1999 c.348 §13]

 

      92.048 Procedure for adoption of regulations under ORS 92.044 and 92.046. The procedure for adoption of any ordinance or regulation under ORS 92.044 and 92.046 is as follows:

      (1) The planning commission of the county or the city shall hold a public hearing on the proposed ordinance or regulation after publishing notice of the hearing 10 days prior to the hearing in a newspaper of general circulation published in the area in which land to be subject to such ordinance or regulation is situated or, if there is no such newspaper, a newspaper of general circulation published in the county. The notice shall contain the time, place and purpose of the hearing and a description of the land to be subject to the ordinance or regulation.

      (2) Prior to the expiration of 60 days after the date of such hearing, the planning commission may transmit its recommendation regarding the proposed ordinance or regulation to the governing body of the county or city, as the case may be. If the planning commission recommendation has not been received by the governing body of the county or the city prior to the expiration of such 60-day period, the governing body may consider the ordinance or regulation without recommendation of the planning commission thereon.

      (3) Prior to the adoption of such ordinance or regulation, the governing body of the county or the city shall hold a hearing thereon after giving notice of the hearing in the same manner provided in subsection (1) of this section.

      (4) A copy of any regulation or ordinance adopted by the governing body of a county or a city under this section, together with a map of the area subject to the regulation or ordinance and a brief statement of the different classifications, if any, of land partitioning under the ordinance or regulation, shall be filed with the recording officer of the county in which the land subject to the ordinance or regulation is situated. Such ordinance or regulation shall not be effective until so filed. If the ordinance or regulation is applicable throughout all of the area over which the county or city has jurisdiction under ORS 92.042, only an outline map of such area shall be filed with the recording officer of the county.

      (5) The ordinance or regulation may be amended from time to time by following the procedure prescribed in this section. [1955 c.756 §23; 1973 c.314 §1; 1973 c.696 §11; 1983 c.570 §2]

 

      92.050 Requirements of survey and plat of subdivision and partition. (1) A person shall not submit a plat of a subdivision or partition for record, until all the requirements of ORS 209.250 and the plat requirements of the subdivision or partition have been met.

      (2) The survey for the plat of the subdivision or partition shall be done in a manner to achieve sufficient accuracy that measurements may be taken between monuments within one-tenth of a foot or one ten-thousandth of the distance shown on the subdivision or partition plat, whichever is greater.

      (3) The survey and plat of the subdivision or partition shall be made by a registered professional land surveyor.

      (4) The plat of the subdivision or partition shall be of sufficient scale and lettering size, approved by the county surveyor, so that:

      (a) The survey and mathematical information and all other details are clearly and legibly shown on the plat.

      (b) Each lot or parcel is numbered consecutively.

      (c) The lengths and courses of the boundaries of each lot or parcel are shown on the plat.

      (d) Each street is named and shown on the plat.

      (5) The locations and descriptions of all monuments found or set must be carefully recorded upon all plats and the proper courses and distances of all boundary lines, conforming to the surveyor’s certificate, must be shown.

      (6) The location, dimensions and purpose of all recorded and proposed public and private easements must be shown on the subdivision or partition plat along with the county clerk’s recording reference if the easement has been recorded by the county clerk. Private easements become effective upon the recording of the plat.

      (7) The area of each lot or parcel must be shown on the subdivision or partition plat.

      (8) In addition to showing bearings in degrees, minutes and seconds and distances in feet and hundredths of a foot, the following curve information must be shown on the subdivision or partition plat either on the face of the map or in a separate table:

      (a) Arc length;

      (b) Chord length;

      (c) Chord bearing;

      (d) Radius; and

      (e) Central angle.

      (9) A city or county may not require that a final subdivision, condominium or partition plat show graphically or by notation on the final plat any information or requirement that is or may be subject to administrative change or variance by a city or county or any other information unless authorized by the county surveyor. [Amended by 1955 c.756 §10; 1983 c.309 §3; 1989 c.772 §8; 1991 c.763 §10; 1993 c.702 §3; 1995 c.382 §4; 1997 c.489 §2; 1999 c.1018 §1; 2005 c.399 §5]

 

      92.055 Requirements for unsurveyed and unmonumented parcels on plats. (1) A parcel larger than 10 acres that is created outside an urban growth boundary is not required to be surveyed and monumented and shall comply with the following:

      (a) The approximate acreage of each unsurveyed parcel shall be shown; and

      (b) Any unsurveyed parcel shall have the words “unsurveyed” placed in bold letters adjacent to the parcel number.

      (2) Unsurveyed parcels need not comply with ORS 92.050 (5), (7) and (8). [1995 c.382 §2; 1999 c.1018 §2; 2005 c.399 §6]

 

      Note: 92.055 was added to and made a part of 92.010 to 92.190 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      92.060 Marking subdivision, partition or condominium plats with monuments; types of monuments. (1) The initial point, also known as the point of beginning, of a plat must be on the exterior boundary of the plat and must be marked with a monument that is either galvanized iron pipe or an iron or steel rod. If galvanized iron pipe is used, the pipe may not be less than three-quarter inch inside diameter and 30 inches long. If an iron or steel rod is used, the rod may not be less than five-eighths of an inch in least dimension and 30 inches long. The location of the monument shall be with reference by survey to a section corner, one-quarter corner, one-sixteenth corner, Donation Land Claim corner or to a monumented lot corner or boundary corner of a recorded subdivision, partition or condominium plat. When setting a required monument is impracticable under the circumstances, the county surveyor may authorize the setting of another type of monument.

      (2) In subdivision plats, the intersections, the initial point, also known as the point of beginning, the point of ending, points of curves and points of tangents, or the point of intersection of the curve if the point is within the pavement area of the road, of the centerlines of all streets and roads and all points on the exterior boundary where the boundary line changes direction, must be marked with monuments either of galvanized iron pipe or iron or steel rods. If galvanized iron pipe is used, the pipe may not be less than three-quarter inch inside diameter and 30 inches long. If iron or steel rods are used, the rod may not be less than five-eighths of an inch in least dimension and 30 inches long. When setting a required monument is impracticable under the circumstances:

      (a) The county surveyor may authorize the setting of another type of monument; or

      (b) The county surveyor may waive the setting of the monument.

      (3) All lot and parcel corners except lot corners of cemetery lots must be marked with monuments of either galvanized iron pipe not less than one-half inch inside diameter or iron or steel rods not less than five-eighths inch in least dimension and not less than 24 inches long. When setting a required monument is impracticable under the circumstances:

      (a) The surveyor may set another type of monument; or

      (b) The county surveyor may waive the setting of the monument.

      (4) A surveyor shall set monuments with sufficient accuracy that measurements may be taken between monuments within one-tenth of a foot or within one ten-thousandth of the distance shown on the subdivision or partition plat, whichever is greater.

      (5) A surveyor shall set monuments on the exterior boundary of a subdivision, unless the county surveyor waives the setting of a particular monument, where changes in the direction of the boundary occur and shall reference the monuments on the plat of the subdivision before the plat of the subdivision is offered for recording. However, the surveyor need not set the remaining monuments for the subdivision prior to the recording of the plat of the subdivision if:

      (a) The registered professional land surveyor performing the survey work certifies that the remaining monuments will be set, unless the county surveyor waives the setting of a particular monument, on or before a specified date as provided in ORS 92.070 (2); and

      (b) The person subdividing the land furnishes to the county or city by which the subdivision was approved a bond, cash deposit, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other security as required by the county or city guaranteeing the payment of the cost of setting the remaining monuments for the subdivision as provided in ORS 92.065.

      (6) A surveyor shall set all monuments on the exterior boundary and all parcel corner monuments of partitions, unless the county surveyor waives the setting of a particular monument, before the partition plat is offered for recording. Unless the governing body provides otherwise, any parcels created outside an urban growth boundary that are greater than 10 acres need not be surveyed or monumented.

      (7) Except as provided in subsections (8) and (9) of this section, an adjusted property line created by the relocation of a common boundary as described in ORS 92.010 (8)(b) must be surveyed and monumented in accordance with subsection (3) of this section and a survey, complying with ORS 209.250, must be filed with the county surveyor.

      (8) Unless the governing body of a city or county has otherwise provided by ordinance, a survey or monument is not required for a property line adjustment when the abutting properties are each greater than 10 acres. Nothing in this subsection exempts a local government from minimum area requirements established in acknowledged comprehensive plans and land use regulations.

      (9) The requirements of subsection (7) of this section do not apply to property transferred through a property line adjustment as provided in ORS 92.010 (8)(e). [Amended by 1955 c.756 §11; 1973 c.696 §12; 1983 c.309 §4; 1989 c.772 §9; 1991 c.331 §20; 1991 c.763 §11; 1993 c.702 §4; 1995 c.79 §32; 1995 c.382 §5; 1997 c.268 §2; 1997 c.489 §3; 1997 c.631 §391; 1999 c.1018 §3; 2005 c.230 §3; 2005 c.399 §7a; 2007 c.866 §9]

 

      92.065 Monumenting certain subdivision corners after recording plat; bond, cash deposit or other security. (1) Except for exterior monuments described in ORS 92.060 (5), if the remaining corners of a subdivision are to be monumented on or before a specified date after the recording of the plat of the subdivision, the person subdividing the land described in the subdivision plat shall furnish to the county surveyor, prior to approval of the subdivision plat by the county surveyor, a bond, cash deposit, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or other security, as required at the option of the city or county, in an amount equal to 120 percent of the estimated cost of performing the work for the remaining monumentation.

      (2) The county surveyor may require that the setting of the remaining corners of the subdivision be delayed, according to the provisions of this section, if the installation of street and utility improvements has not been completed, or if other conditions or circumstances justify the delay.

      (3) The person subdividing the lands described in subsection (1) of this section shall pay the surveyor for performing the remaining monumentation work and notify the county surveyor of the payment. The county surveyor, within three months after the notice, shall release the bond, irrevocable letter of credit or other required security, or return the cash deposit upon a finding that the payment has been made. Upon written request from the person subdividing the land, the governing body may pay the surveyor from moneys within a cash deposit held by it for that purpose and return the excess of the cash deposit, if any, to the person who made the deposit. If the subdivider has not paid the surveyor within 30 days of final approval of the remaining monumentation, the city or county may pay the surveyor from moneys held in a cash deposit, if any, or require payment to be made from other security.

      (4) In the event of the death, disability or retirement from practice of the surveyor charged with the responsibility for setting remaining monuments for a subdivision or upon the failure or refusal of the surveyor to set the monuments, the county surveyor shall cause the monumentation to be completed and referenced for recording as provided in ORS 92.070. If another surveyor completes the remaining monumentation, the surveyor shall submit an affidavit to the county surveyor complying with ORS 92.070 (3)(b). The county surveyor shall note on the original, and on any exact copies filed in accordance with ORS 92.120 (3) the surveyor’s name and business address. Payment of the fees for completing said monumentation shall be made by the subdivider within 30 days of the completion of such work. In the event that the subdivider fails to pay such fees within 30 days, the bond, cash deposit, irrevocable letter of credit or other security may be used to pay such fees; and when such cash or other securities are inadequate to cover the cost incurred by the county surveyor, the balance due will constitute a lien on any lots in the subdivision that are still in the ownership of the subdivider when recorded pursuant to ORS 93.600 to 93.800. [1973 c.696 §14; 1983 c.309 §5; 1989 c.772 §10; 1991 c.331 §21; 1991 c.763 §12; 1995 c.382 §6; 1997 c.631 §392; 1999 c.1018 §4]