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)

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