(b) Notwithstanding ORS 92.170, the governing body of the city may, by resolution or order, designate the city surveyor to serve in lieu of the county surveyor or, with concurrence of the county surveyor, a contract surveyor to act as city surveyor.
(c) Except as provided in subsection (4) of this section, if the land is outside the corporate limits of any city, the subdivision or partition plat must be approved by the county surveyor before it is recorded.
(d) All subdivision plats must also be approved by the county assessor and the governing body of the county in which the property is located before recording.
(e) Notwithstanding paragraph (d) of this subsection, a county may provide by ordinance for the approval of subdivision plats by:
(A) The county assessor; and
(B)(i) The chairperson of the governing body of the county;
(ii) The vice chairperson of the governing body of the county; or
(iii) A person designated in lieu of the chairperson or vice chairperson.
(f)(A) A partition plat is subject only to the approval of the city or county surveyor unless:
(i) The partition plat includes a dedication of land for public road purposes; or
(ii) Provided otherwise by ordinance of the governing body.
(B) The city or county surveyor shall review the partition plat only for compliance with the survey-related provisions of ORS 92.010 to 92.192 and 209.250.
(2) Before approving the subdivision plat as required by this section, the county surveyor shall check the subdivision site and the subdivision plat and shall take measurements and make computations and other determinations necessary to determine that the subdivision plat complies with the survey-related provisions of ORS 92.010 to 92.192 and 209.250 and with survey-related requirements established pursuant to an ordinance or resolution passed by the governing body of the controlling city or county.
(3) Before approving the partition plat as required by this section, the county surveyor shall check the partition plat and make computations and other determinations that the partition plat complies with the survey-related provisions of ORS 92.010 to 92.192 and 209.250 and with the survey-related requirements established pursuant to an ordinance or resolution by the governing body of the controlling city or county.
(4) Before a subdivision or partition plat prepared by the county surveyor in a private capacity may be recorded, the plat must be approved in accordance with subsection (2) or (3) of this section, whichever is applicable, by the surveyor of a county other than the county in which the land is located and who has been designated by the county surveyor.
(5) For performing the service described:
(a) In subsection (2) of this section, the county surveyor shall collect from the subdivider or declarant a fee of $100 plus $5 for each lot contained in the subdivision. The governing body of a city or county may establish a higher fee by resolution or order.
(b) In subsection (3) of this section, the county surveyor shall collect from the partitioner or declarant a fee to be established by the governing body.
(c) In subsection (4) of this section, the designated county surveyor shall collect the applicable subdivision or partition plat check fee, and any travel expenses incurred, as established by the designated county surveyor’s board of commissioners. The subdivision or partition plat check fee and other expenses must be paid by the subdivider, partitioner or declarant prior to approval of the subdivision or partition plat by the designated county surveyor.
(6) Nothing in this section prohibits a city, county or special district from requiring engineering review and approval of a subdivision plat to ensure compliance with state and local subdivision requirements that relate to matters other than survey adequacy.
(7) Granting approval or withholding approval of a final subdivision or partition plat under this section by the county surveyor, the county assessor or the governing body of a city or county, or a designee of the governing body, is not a land use decision or a limited land use decision, as defined in ORS 197.015. [Amended by 1955 c.31 §2; 1955 c.756 §14; 1957 c.688 §1; 1963 c.285 §1; 1971 c.419 §1; 1979 c.824 §1; 1989 c.772 §15; 1991 c.763 §16; 1993 c.453 §1; 1993 c.702 §6; 1999 c.1018 §6; 2003 c.381 §1; 2005 c.239 §1; 2005 c.399 §12a]
Structure 2021 Oregon Revised Statutes
Volume : 03 - Landlord-Tenant, Domestic Relations, Probate
Chapter 092 - Subdivisions and Partitions
Section 92.010 - Definitions for ORS 92.010 to 92.192.
Section 92.014 - Approval of city or county required for specified divisions of land.
Section 92.016 - Sale or negotiation to sell lot or parcel prior to approval of tentative plan.
Section 92.017 - Lawfully created units of land; judgments relocating property lines.
Section 92.018 - Buyer’s remedies for purchase of improperly created unit of land.
Section 92.025 - Prohibition of sale of lot or parcel prior to recordation of plat; waiver.
Section 92.027 - Deed reference to creation of unit of land.
Section 92.031 - Middle housing land division; conditions of approval.
Section 92.042 - Governing body having jurisdiction to approve plans, maps or plats.
Section 92.048 - Procedure for adoption of regulations under ORS 92.044 and 92.046.
Section 92.050 - Requirements of survey and plat of subdivision and partition.
Section 92.055 - Requirements for unsurveyed and unmonumented parcels on plats.
Section 92.075 - Declaration required to subdivide or partition property; contents.
Section 92.103 - Notice to district of tentative plan.
Section 92.104 - District to report boundary locations.
Section 92.120 - Recording plats; filing copies; preservation of records.
Section 92.140 - Indexing of plats.
Section 92.170 - Amending recorded plat; affidavit of correction; fees.
Section 92.175 - Methods by which certain land may be provided for public purposes.
Section 92.176 - Validation of unit of land not lawfully established.
Section 92.177 - Creation of parcel by less than all owners of lawfully established unit of land.
Section 92.178 - Creation of parcel previously approved but not acted upon.
Section 92.179 - Liability for costs of relocating utility facilities.
Section 92.180 - Authority to review replats.
Section 92.190 - Effect of replat; operation of other statutes; use of alternate procedures.
Section 92.192 - Property line adjustment; zoning ordinances; size of unit of land.
Section 92.215 - Review authorized; manner.
Section 92.225 - Review of undeveloped or developed subdivision plat lands.
Section 92.305 - Definitions for ORS 92.305 to 92.495.
Section 92.313 - Policy; construction; citation.
Section 92.325 - Application of ORS 92.305 to 92.495.
Section 92.337 - Exemption procedures; withdrawal of exemption; filing fee.
Section 92.345 - Notice of intention; fee.
Section 92.355 - Commissioner may request further information; content.
Section 92.365 - Filing information to be kept current; fee for notice of material change.
Section 92.375 - Consent to service of process on commissioner.
Section 92.377 - Written notice to land division applicant.
Section 92.385 - Examination; public report; waiver of examination in other state.
Section 92.425 - Conditions prerequisite to sale.
Section 92.430 - Notice to purchaser of cancellation rights; form.
Section 92.433 - Escrow documents required of successor to vendor’s interest.
Section 92.460 - Blanket encumbrance permitted only in certain circumstances.
Section 92.465 - Fraud and deceit prohibited.
Section 92.490 - Civil penalty.
Section 92.495 - Cease and desist order; injunction.
Section 92.830 - Definitions for ORS 92.830 to 92.845.
Section 92.839 - Notice to tenants of conversion and tenants’ rights during conversion.
Section 92.843 - Approval of declaration or amendment to declaration made pursuant to ORS 92.845.