ORS 92.044
Adoption of standards and procedures governing approval of plats and plans

  • delegation
  • fees

(1)

Intentionally left blank —Ed.

(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 (Governing body having jurisdiction to approve plans, maps or plats), 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 (Zoning ordinances establishing exclusive farm use zones).

(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)

Intentionally left blank —Ed.

(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 (Policy on review of land use decisions) to 197.855 (Deadline for final court order).

(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 (Approval of plat by city or county surveyor) and 205.350 (Fees for approving and recording plats).

(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 (Procedure for adoption of regulations under ORS 92.044 and 92.046).

(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]

Source: Section 92.044 — Adoption of standards and procedures governing approval of plats and plans; delegation; fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors092.­html.

Notes of Decisions

This section, read together with ORS 92.090, required that proposed subdivision comply with county comprehensive framework plan. Commonwealth Properties v. Washington County, 35 Or App 387, 582 P2d 1384 (1978)

Where county ordinance was amended so Department of Fish and Wildlife had right to appeal, petition filed by department with LCDC seeking review of board of commissioners’ decision approving subdivision plat was not barred on ground that department failed to exhaust its available remedies by failing to initially challenge approval of plat before board of commissioners. Fish and Wildlife Department v. LCDC, 37 Or App 607, 588 P2d 80 (1978), aff’d 288 Or 203, 603 P2d 1371 (1979)

Attorney General Opinions

Requirement that developer not discriminate between builders and non-builders in lot sale as condition of approval of subdivision plat, (1979) Vol 39, p 593

92.010
Definitions for ORS 92.010 to 92.192
92.012
Compliance with ORS 92.010 to 92.192 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
Lawfully created units of land
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
92.027
Deed reference to creation of unit of land
92.031
Middle housing land division
92.040
Application for approval of subdivision or partition
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
92.046
Adoption of regulations governing approval of partitioning of land
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
92.065
Monumenting certain subdivision corners after recording plat
92.070
Surveyor’s certificates
92.075
Declaration required to subdivide or partition property
92.080
Preparation of plat
92.090
Approval of subdivision plat names
92.095
Payment of taxes, interest or penalties before subdivision or partition plat recorded
92.097
Employment of registered engineer by private developer
92.100
Approval of plat by city or county surveyor
92.103
Notice to district of tentative plan
92.104
District to report boundary locations
92.105
Time limit for final action by city or county on tentative plan
92.120
Recording plats
92.130
Additional tracings transferred to county surveyor
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
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
92.180
Authority to review replats
92.185
Reconfiguration of lots or parcels and public easements
92.190
Effect of replat
92.192
Property line adjustment
92.205
Policy
92.215
Review authorized
92.225
Review of undeveloped or developed subdivision plat lands
92.234
Revision, vacation of undeveloped subdivisions
92.245
Fees for review proceedings resulting in modification or vacation
92.285
Retroactive ordinances prohibited
92.305
Definitions for ORS 92.305 to 92.495
92.313
Policy
92.317
Policy
92.325
Application of ORS 92.305 to 92.495
92.337
Exemption procedures
92.339
Use of fees
92.345
Notice of intention
92.355
Commissioner may request further information
92.365
Filing information to be kept current
92.375
Consent to service of process on commissioner
92.377
Written notice to land division applicant
92.385
Examination
92.395
Waiver of examination in this state
92.405
Sale prohibited where public report not waived
92.410
Review of subdivisions for which public report issued
92.415
Advance of travel expense for examination of subdivision or series partition
92.425
Conditions prerequisite to sale
92.427
Cancellation of agreement to buy interest in subdivision or series partition
92.430
Notice to purchaser of cancellation rights
92.433
Escrow documents required of successor to vendor’s interest
92.455
Inspection of records
92.460
Blanket encumbrance permitted only in certain circumstances
92.465
Fraud and deceit prohibited
92.475
False or misleading advertising prohibited
92.485
Waiver of legal rights void
92.490
Civil penalty
92.495
Cease and desist order
92.830
Definitions for ORS 92.830 to 92.845
92.832
Policy
92.835
Subdivision of manufactured dwelling park or mobile home park
92.837
Application of city or county comprehensive plans and land use regulations
92.839
Notice to tenants of conversion and tenants’ rights during conversion
92.840
Sale of subdivision lots
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
92.990
Penalties
Green check means up to date. Up to date