Chapter 652
AN ACT
HB 2713
Relating to utility easements; amending ORS 92.010, 92.044, 92.090 and
92.175.
Be It Enacted by the People of
the State of
SECTION 1.
ORS 92.010 is amended to read:
92.010. As used in ORS
92.010 to 92.190, unless the context requires otherwise:
(1) “Declarant” means
the person who files a declaration under ORS 92.075.
(2) “Declaration” means
the instrument described in ORS 92.075 by which the subdivision or partition
plat was created.
(3) “
(4) “Negotiate” means
any activity preliminary to the execution of a binding agreement for the sale
of land in a subdivision or partition, including but not limited to
advertising, solicitation and promotion of the sale of such land.
(5) “Parcel” means a
single unit of land that is created by a partition of land.
(6) “Partition” means
either an act of partitioning land or an area or tract of land partitioned.
(7) “Partition land”
means to divide land to create [two or]
not more than three parcels of land within a calendar year, but does not
include:
(a) A division of land
resulting from a lien foreclosure, foreclosure of a recorded contract for the
sale of real property or the creation of cemetery lots;
(b) An adjustment of a
property line by the relocation of a common boundary where an additional unit
of land is not created and where the existing unit of land reduced in size by
the adjustment complies with any applicable zoning ordinance;
(c) The division of land
resulting from the recording of a subdivision or condominium plat;
(d) A sale or grant by a
person to a public agency or public body for state highway, county road, city
street or other right of way purposes provided that such road or right of way
complies with the applicable comprehensive plan and ORS 215.213 (2)(p) to (r)
and 215.283 (2)(q) to (s). However, any property divided by the sale or grant
of property for state highway, county road, city street or other right of way
purposes shall continue to be considered a single unit of land until such time
as the property is further subdivided or partitioned; or
(e) A sale or grant by a
public agency or public body of excess property resulting from the acquisition
of land by the state, a political subdivision or special district for highways,
county roads, city streets or other right of way purposes when the sale or
grant is part of a property line adjustment incorporating the excess right of
way into adjacent property. The property line adjustment shall be approved or
disapproved by the applicable local government. If the property line adjustment
is approved, it shall be recorded in the deed records of the county where the
property is located.
(8) “Partition plat”
includes a final map and other writing containing all the descriptions,
locations, specifications, provisions and information concerning a partition.
(9) “Plat” includes a
final subdivision plat, replat or partition plat.
(10) “Property line”
means the division line between two units of land.
(11) “Property line
adjustment” means the relocation or elimination of a common property line
between abutting properties.
(12) “Replat” means the
act of platting the lots, parcels and easements in a recorded subdivision or
partition plat to achieve a reconfiguration of the existing subdivision or
partition plat or to increase or decrease the number of lots in the
subdivision.
(13) “Road” or “street”
means a public or private way that is created to provide ingress or egress for
persons to one or more lots, parcels, areas or tracts of land, excluding a
private way that is created to provide ingress or egress to such land in
conjunction with the use of such land for forestry, mining or agricultural
purposes.
(14) “
(15) “Subdivide land”
means to divide land to create four or more lots within a calendar year.
(16) “Subdivision” means
either an act of subdividing land or an area or a tract of land subdivided.
(17) “Subdivision plat”
includes a final map and other writing containing all the descriptions,
locations, specifications, dedications, provisions and information concerning a
subdivision.
(18) “Utility easement”
means an easement noted on a subdivision plat or partition plat for the purpose
of installing or maintaining public or private utility infrastructure
for the provision of water, power, heat or telecommunications to the public.
SECTION 2.
ORS 92.044 is amended to read:
92.044. (1)(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, 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.
[(a)] (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; [or]
and
(F) Protection and
assurance of access to wind for potential electrical generation or mechanical
application.
[(b)] (c) The ordinances or regulations shall establish the
form and contents of tentative plans of partitions and subdivisions submitted
for approval.
[(c)] (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)(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 to
197.855.
(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 and 205.350.
(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.
(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.
SECTION 3.
ORS 92.090 is amended to read:
92.090. (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 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 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, 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. 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, 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 (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. 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, 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.
SECTION 4. ORS
92.175 is amended to read:
92.175. (1) Land for
property dedicated for public purposes may be provided to the city or county
having jurisdiction over the land by any of the following methods:
(a) By dedication on the
land subdivision plat;
(b) By dedication on the
partition plat, provided that the city or county indicates acceptance of the
dedication on the face of the plat; or
(c) By a separate
dedication or donation document on the form provided by the city or county
having jurisdiction over the area of land to be dedicated.
(2) Notwithstanding
subsection (1) of this section, utility easements in partition and condominium
plats may be granted for public, private and other regulated utility
purposes without an acceptance from the governing body having jurisdiction.
Approved by the Governor June 27, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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