ORS 92.090
Approval of subdivision plat names
- requisites for approval of tentative subdivision or partition plan or plat
(1)
Subdivision plat names shall be subject to the approval of the county surveyor or, in the case where there is no county surveyor, the county assessor. No tentative subdivision plan or subdivision plat of a subdivision shall be approved which bears a name similar to or pronounced the same as the name of any other subdivision in the same county, unless the land platted is contiguous to and platted by the same party that platted the subdivision bearing that name or unless the party files and records the consent of the party that platted the contiguous subdivision bearing that name. All subdivision plats must continue the lot numbers and, if used, the block numbers of the subdivision plat of the same name last filed. On or after January 1, 1992, any subdivision submitted for final approval shall not use block numbers or letters unless such subdivision is a continued phase of a previously recorded subdivision, bearing the same name, that has previously used block numbers or letters.(2)
No tentative plan for a proposed subdivision and no tentative plan for a proposed partition shall be approved unless:(a)
The streets and roads are laid out so as to conform to the plats of subdivisions and partitions already approved for adjoining property as to width, general direction and in all other respects unless the city or county determines it is in the public interest to modify the street or road pattern.(b)
Streets and roads held for private use are clearly indicated on the tentative plan and all reservations or restrictions relating to such private roads and streets are set forth thereon.(c)
The tentative plan complies with the applicable zoning ordinances and regulations and the ordinances or regulations adopted under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) that are then in effect for the city or county within which the land described in the plan is situated.(3)
No plat of a proposed subdivision or partition shall be approved unless:(a)
Streets and roads for public use are dedicated without any reservation or restriction other than reversionary rights upon vacation of any such street or road and easements for public or private utilities.(b)
Streets and roads held for private use and indicated on the tentative plan of such subdivision or partition have been approved by the city or county.(c)
The subdivision or partition plat complies with any applicable zoning ordinances and regulations and any ordinance or regulation adopted under ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans) that are then in effect for the city or county within which the land described in the subdivision or partition plat is situated.(d)
The subdivision or partition plat is in substantial conformity with the provisions of the tentative plan for the subdivision or partition, as approved.(e)
The subdivision or partition plat contains a 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 partition.(f)
Explanations of all common improvements required as conditions of approval of the tentative plan of the subdivision or partition have been recorded and referenced on the subdivision or partition plat.(4)
Subject to any standards and procedures adopted pursuant to ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans), no plat of a subdivision shall be approved by a city or county unless the city or county has received and accepted:(a)
A certification by a city-owned domestic water supply system or by the owner of a privately owned domestic water supply system, subject to regulation by the Public Utility Commission of Oregon, that water will be available to the lot line of each and every lot depicted in the proposed subdivision plat;(b)
A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county 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 in the proposed subdivision plat; and the amount of any such bond, irrevocable letter of credit, contract or other assurance by the subdivider shall be determined by a registered professional engineer, subject to any change in such amount as determined necessary by the city or county; or(c)
In lieu of paragraphs (a) and (b) of this subsection, a statement that no domestic water supply facility will be provided to the purchaser of any lot depicted in the proposed subdivision plat, even though a domestic water supply source may exist. A copy of any such statement, signed by the subdivider and indorsed by the city or county, shall be filed by the subdivider with the Real Estate Commissioner and shall be included by the commissioner in any public report made for the subdivision under ORS 92.385 (Examination). If the making of a public report has been waived or the subdivision is otherwise exempt under the Oregon Subdivision Control Law, the subdivider shall deliver a copy of the statement to each prospective purchaser of a lot in the subdivision at or prior to the signing by the purchaser of the first written agreement for the sale of the lot. The subdivider shall take a signed receipt from the purchaser upon delivery of such a statement, shall immediately send a copy of the receipt to the commissioner and shall keep any such receipt on file in this state, subject to inspection by the commissioner, for a period of three years after the date the receipt is taken.(5)
Subject to any standards and procedures adopted pursuant to ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans), no plat of a subdivision shall be approved by a city or county unless the city or county has received and accepted:(a)
A certification by a city-owned sewage disposal system or by the owner of a privately owned sewage disposal system that is subject to regulation by the Public Utility Commission of Oregon that a sewage disposal system will be available to the lot line of each and every lot depicted in the proposed subdivision plat;(b)
A bond, irrevocable letter of credit, contract or other assurance by the subdivider to the city or county 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 subdivision plat; and the amount of such bond, irrevocable letter of credit, contract or other assurance shall be determined by a registered professional engineer, subject to any change in such amount as the city or county considers necessary; or(c)
In lieu of paragraphs (a) and (b) of this subsection, a statement that no sewage disposal facility will be provided to the purchaser of any lot depicted in the proposed subdivision plat, where the Department of Environmental Quality has approved the proposed method or an alternative method of sewage disposal for the subdivision in its evaluation report described in ORS 454.755 (Fees for certain reports on sewage disposal) (1)(b). A copy of any such statement, signed by the subdivider and indorsed by the city or county shall be filed by the subdivider with the Real Estate Commissioner and shall be included by the commissioner in the public report made for the subdivision under ORS 92.385 (Examination). If the making of a public report has been waived or the subdivision is otherwise exempt under the Oregon Subdivision Control Law, the subdivider shall deliver a copy of the statement to each prospective purchaser of a lot in the subdivision at or prior to the signing by the purchaser of the first written agreement for the sale of the lot. The subdivider shall take a signed receipt from the purchaser upon delivery of such a statement, shall immediately send a copy of the receipt to the commissioner and shall keep any such receipt on file in this state, subject to inspection by the commissioner, for a period of three years after the date the receipt is taken.(6)
Subject to any standards and procedures adopted pursuant to ORS 92.044 (Adoption of standards and procedures governing approval of plats and plans), no plat of a subdivision or partition located within the boundaries of an irrigation district, drainage district, water control district, water improvement district or district improvement company shall be approved by a city or county unless the city or county has received and accepted a certification from the district or company that the subdivision or partition is either entirely excluded from the district or company or is included within the district or company for purposes of receiving services and subjecting the subdivision or partition to the fees and other charges of the district or company. [Amended by 1955 c.31 §1; 1955 c.756 §13; 1965 c.393 §1; 1973 c.696 §16; 1974 c.74 §3; 1983 c.309 §7; 1989 c.772 §13; 1991 c.331 §22; 1991 c.763 §15; 1995 c.164 §1; 2007 c.652 §3]
Source:
Section 92.090 — Approval of subdivision plat names; requisites for approval of tentative subdivision or partition plan or plat, https://www.oregonlegislature.gov/bills_laws/ors/ors092.html.
Notes of Decisions
This section, read together with ORS 92.044, required that proposed subdivision comply with county comprehensive framework plan. Commonwealth Properties v. Washington County, 35 Or App 387, 582 P2d 1384 (1978)
City council must make findings that proposed subdivision complied with applicable land use regulations, but court would not reverse plat approval where no assertion was made that any specific provision was violated. Golf Holding Co. v. McEachron, 39 Or App 675, 593 P2d 1202 (1979), Sup Ct review denied
Where owner of townsite platted in 1907 reserved to himself, his “associates and assigns” exclusive right to construct and operate in streets telephone, telegraph and electric poles and wires, and gas and water pipes and mains, this section did not invalidate pre-1909 reservation. Sunset Lake v. Remington, 45 Or App 973, 609 P2d 896 (1980)
Up to date