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A. Filing Time Period Requirements. Except as provided for in this chapter, the applicant shall prepare and submit to the City a final plat that is substantially in conformance with the approved tentative plan. Final plats shall be processed as Type I applications in accordance with BDC 4.1.300.

1. If a tentative plan is approved for a single phased development, the final plat shall be filed with the City within two years of the approval date of the tentative plan. A one-year extension may be approved in accordance with BDC 4.1.1310.

2. If a tentative plan is approved for phased development, the final plat for the first phase shall be filed within two years of the approval date of the tentative plan.

3. The final plats for any subsequent phase shall be filed within three years of the approved date for the tentative plan, unless a longer period of time is allowed through the tentative plan approval process. In no case shall the final plat be recorded more than five years from the date of the tentative approval.

4. If the applicant fails to file a final plat within the specified timelines, the tentative plan for those phases shall become null and void.

B. Submittal of the Final Plat. Prior to recordation with Deschutes County, the final plat shall be submitted to the City for review in the form prescribed by State statute, the Deschutes County Surveyor and this code.

C. Requirements of Survey and Plat of Land Division or Reconfiguration. Any final plat submitted shall meet the survey and monumentation requirements of the applicable Oregon Revised Statutes.

D. Information on the Final Plat. In addition to the requirements of the tentative plan approval or otherwise required by law, the following information shall be shown on the final plat:

1. Name of subdivision or partition.

2. Name of owner, applicant, and engineer or surveyor.

3. The date, scale, north point, legend, controlling topography such as bluffs, creeks and other bodies of water, and existing highways and railroads.

4. Legal description of the tract boundaries.

5. Reference points of existing surveys, identified, related to the plat by distances and bearings, and reference to a field book or map as follows:

a. Stakes, monuments, or other evidences found in the ground and used to determine the boundaries of the subdivision, partition or replat.

b. Adjoining corners of adjoining subdivisions, partitions or replats.

c. Other monuments found or established in making the survey or required to be installed by provisions of this code.

d. The exact location and width of rights-of-way and easements intercepting the boundary of the tract.

6. Tract boundary lines, and street rights-of-way and centerlines, with dimensions, bearing or deflecting angles, radii, arcs, points of curvature and tangent bearings. Normal high water lines for any river, creek, or other body of water. Tract boundaries and street bearings shall be shown to the nearest 0.01 feet. No ditto marks shall be used.

7. The width of the streets being dedicated and the curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated together with the long chord distance and bearing.

8. Easements shall be noted by short dashed lines, clearly identified and, if already of record, their recorded reference. If an easement is not of record, a statement of the easement shall be given. The width of the easement, its length and bearing, and sufficient ties to locate the easement with respect to the subdivision shall be shown. If the easement is being dedicated by the map, it shall be properly referenced in the owner’s certificates of dedication.

9. Lot and parcel numbers beginning with the number “1” and numbered consecutively.

10. Public lands, including strips and easements, shall be clearly marked to distinguish it from lots intended for sale.

11. Limitations on rights of access to and from streets, lots, and other parcels of land.

12. The area of each lot, parcel or unit of land, if larger than one acre, to the nearest hundredth of an acre; and the area of each lot, parcel or unit of land less than one acre, to the nearest square foot.

13. Appropriate space for all signatures as specified by the Deschutes County Surveyor shall be included on the final plat.

E. Supplemental Information with the Final Plat. The following data, if applicable, shall accompany the final plat.

1. Title Report. A preliminary title or subdivision guarantee report issued by a title insurance company in the name of the owner of the land, showing all parties whose consent is necessary and their interest in the premises; such report shall show evidence of a clear and marketable title and shall have been prepared within 30 days prior to submitting the final plat for review.

2. Survey Closure Sheets. A copy of the surveyor’s survey closure sheets.

3. Deed Restrictions. A copy of any deed restrictions applicable to the subdivision, partition or replat.

4. Homeowners Association. A copy of any homeowners association agreements proposed or required for the subdivision.

5. Dedications. A copy of any dedication requiring separate documents with specific reference to parks, playgrounds, etc.

6. Taxes. A list of all taxes and assessments on the tract which have become a lien on the land subdivided or partitioned.

7. Subdivisions, Partitions or Replats Adjoining SM Zones. Any final plat which adjoins a SM Zone must clearly show where such zone is located in relation to the subdivision boundaries.

F. Criteria for Final Plat Approval. Upon receipt by the Planning Division, the plat and other data shall be reviewed by the Review Authority to determine that the following criteria have been met:

1. The subdivision, partition or replat as shown is substantially the same as it appeared on the approved tentative plan, and all conditions of tentative plan approval have been or will be met.

2. That the final plat contains the following elements:

a. Streets and roads for public use are dedicated to the public without any reservation or restriction.

b. Streets and roads held for private use and indicated on the tentative plan have been approved by the City.

c. The plat contains provisions for dedication to the public of all streets, roads, bikeways, access corridors, parks, sewage disposal, and water supply system, if made a condition of the approval of the tentative plan.

3. That the developer has either constructed and had accepted by the City the required improvements or the developer has filed with the City a financial security acceptable to the Community and Economic Development Director in accordance with subsection (J) of this section in lieu of constructing the improvements.

G. Final Plat Approval. After the final plat has been reviewed and approved by the City, and when all signatures as required by the Deschutes County Surveyor other than the Community and Economic Development Director, City Engineer and County Commissioner appear on the mylar, the Planning Manager and City Engineer shall sign the final plat mylar and return it to the applicant to file with Deschutes County.

H. Recording of Plat.

1. Within 60 days of City approval, the applicant shall submit the approved final plat with the Deschutes County Clerk for recordation.

2. The applicant shall provide exact copies of the recorded plat to the City Engineer and City Planning Division.

3. The plat shall not be in effect until it has been recorded with the Deschutes County Clerk.

I. Errors in the Final Plat. If an error in the final plat is discovered after the plat has been filed with the County Clerk, the error shall be corrected by the filing of an affidavit of correction.

J. Financial Security in Lieu of Construction.

1. In lieu of completion of the required improvements, the developer may request the City approve a financial security between the developer and the City guaranteeing the construction of the required improvements and specifying the schedule by which the required improvements shall be completed. The acceptance of financial security in lieu of construction is at the discretion of the Community and Economic Development Director. To assure the construction of the required improvements, the developer shall provide one of the following:

a. A surety bond executed by a surety company authorized to transact business in the State of Oregon in a form approved by the City Attorney.

b. A cash deposit.

c. An irrevocable standby letter of credit in a form approved by the City Attorney from a federally insured banking institution or savings and loan operating in Oregon that unconditionally promises to pay the funds pledged upon demand by the City. Such obligation must be unaffected by the financial status of the person who has obtained the letter of credit.

d. Other irrevocable financial security acceptable to the Community and Economic Development Director.

2. The financial security shall be for 120 percent of the cost of the improvements and repairs as determined by the City.

3. If the developer fails to carry out the provisions of the agreement, the City shall call upon the bond, or letter of credit or cash deposit or other financial security, to finance any cost or expenses resulting from said failure. If the amount of the deposit, letter of credit or bond or other financial security exceeds the cost and expense incurred by completing the improvements, the City shall release the remainder. If the amount of the deposit, letter of credit or bond or other financial security is less than the cost and expense incurred by the City for the improvements and repairs, the developer shall be liable to the City for the difference.

K. Warranty Bond. Prior to final plat approval, the developer shall file with the City a warranty bond executed by a surety company, or other financial security acceptable to the Community and Economic Development Director, to cover a one-year warranty period beginning on the date of acceptance of the public improvements by the City. The bond shall guarantee the workmanship of the public improvements and shall be in the amount of 12 percent of the value of the improvements as determined by the City. The warranty bond shall be effective for no less than 18 months. [Ord. NS-2487, 2023; Ord. NS-2445, 2022; Ord. NS-2434, 2022; Ord. NS-2251, 2015; Ord. NS-2150, 2010; Ord. NS-2068, 2007; Ord. NS-2016, 2006]