72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
 
                            Enrolled
 
                         House Bill 3061
 
Sponsored by Representative SCOTT (at the request of Oregon
  Building Industry Association)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to approval of plats; amending ORS 92.100.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 92.100 is amended to read:
  92.100. (1) { + (a) + } Before any subdivision or partition
plat can be recorded, covering land within the corporate limits
of any city,   { - it must be approved by - }  the county
surveyor { +  must approve the plat + }.
   { +  (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.
   { +  (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 shall 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.   { - However - }
   { +  (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   { - or vice 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) + } Unless provided for by ordinance of the governing
body, partition plats shall be subject only to the approval of
the city or county surveyor. The city or county surveyor shall
review the partition plat only for compliance with the applicable
provisions of this chapter and ORS 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 such measurements and make
such computations and other determinations as are necessary to
determine that the subdivision plat complies with the applicable
provisions of this chapter and ORS 209.250 and with the
subdivision requirements established pursuant to an ordinance or
resolution passed by the governing body of the controlling city
or county. For performing such service the county surveyor shall
 
 
Enrolled House Bill 3061 (HB 3061-A)                       Page 1
 
 
 
collect from the subdivider 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.
  (3) Before approving the partition plat as required by this
section, the county surveyor, as provided by subsection (1) of
this section, shall check the partition plat and make such
computations and other determinations that the partition plat
complies with the provisions of this and other applicable laws
and with the partition requirements established pursuant to an
ordinance or resolution by the governing body of the controlling
city or county. For performing such service, the county surveyor
shall collect from the partitioner a fee to be established by the
governing body.
  (4) Any subdivision or partition plat prepared by the county
surveyor in a private capacity shall 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
where the land is located and who has been designated by the
county surveyor. 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 shall be paid by the subdivider
prior to approval of the subdivision or partition plat by the
designated county surveyor.
  (5) Nothing in this section shall be construed to prohibit a
city, county or special district from requiring engineering
review and approval of a subdivision plat to assure compliance
with state and local subdivision requirements that relate to
matters other than survey adequacy.
                         ----------
 
 
Passed by House April 29, 2003
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 28, 2003
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3061 (HB 3061-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2003
 
Approved:
 
......M.,............., 2003
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2003
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3061 (HB 3061-A)                       Page 3