File Number: ACU Reviewed by: Alex Murphy, GIS Planner I I. PROPERTY INFORMATION S1402CD-00101

Transcription

1 Coos County Planning Department Coos County Courthouse Annex, Coquille, Oregon Mailing Address: 250 N. Baxter, Coos County Courthouse, Coquille, Oregon Physical Address: 225 N. Adams, Coquille, Oregon (541) FAX (541) / TDD (800) planning@co.coos.or.us Jill Rolfe, Planning Director Date of Report: Monday, August 17, 2015 Appeal Deadline: Tuesday, September 01, 2015 Type of Application: ADMINISTRATIVE CONDITIONAL USE APPLICATION Decision: APPROVED WITH CONDITIONS File Number: Reviewed by: Alex Murphy, GIS Planner I Account Number Map Number Property Owner Situs Address Acreage Zoning Special Considerations Property Location/ Description I. PROPERTY INFORMATION S1402CD SIGFRIDSON, DAVID L. & ADA L GLENGARY LOOP RD ROSEBURG, OR KUPER RD, COOS BAY, OR Acres URBAN RESIDENTIAL-2 (UR-2) ARCHAEOLOGICAL SITES (ARC) URBAN UNINCORPORATED COMMUNITY (UUC) The subject property is located southwest of the City of Coos Bay in the rural unincorporated community of Charleston. The property is located off Kuper Road near the intersection of Kuper Road and Cape Arago Highway and accessed by a private driveway off of Kuper Road. The subject property contains 0.23 acres and is zoned Urban Residential-2 (UR-2). According to 2015 Coos County Assessor records, no development currently exists on the parcel. Proposal: Lawfully Created Parcel/Lot: Construction of a hybrid single family dwelling and accessory structure. Tax lot 101 was created by deed number on March 1, 1991, described as the east 100 feet of Lots 12 and 13, Block 17, Charleston, Coos County, Oregon. This parcel was originally a portion of tax lot 100 on the same map and was deeded off without going through a partition or other land division process. Pursuant to CCZLDO Section , a lot or parcel created by a land division without final county approval is not a legal lot. Prior Application Restrictions: There are no prior application restrictions. Page 1

2 Special Districts/Agencies: Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians Charleston Sanitary District II. Coquille Indian Tribe Charleston RFPD FINDINGS TO THE APPLICABLE REVIEW CRITERIA Coos Bay/North Bend Water Board APPLICABLE CRITERIA Coos County Zoning and Land Development Ordinance (CCZLDO) and Coos County Comprehensive Plan (CCCP) CCZLDO Compliance with Comprehensive Plan and Ordinance Provisions CCZLDO (1)(a & h) Development and Use Permitted [in the Urban Residential zones] - Residential CCZLDO Development and Use Standards [in the Urban Residential zones] CCZLDO (3)(b) Historical, Cultural, and Archaeological Resources, Natural Areas, and Wilderness (Balance of County Policy 5.7) ORS Validation of a Unit of Land Not Lawfully Established Note: criteria are shown below with findings in bold. DEFINITION ACCESSORY STRUCTURE OR USE A structure or use which: (1) is subordinate to and serves a principal structure or principal use, (2) is subordinate in area, extent, or purpose to the principal structure or principal use served, (3) contributes to the comfort, convenience or the necessity of occupants of the principal structure or principal use, and (4) is located on the same lot, parcel or tract as the principal structure or principal use; unless otherwise permitted or conditionally permitted by this Ordinance. Examples of accessory structures and uses are private garages, storage sheds, playhouses, swimming pools, and parking for recreational vehicle, boat, log truck, or other vehicle. DWELLING Any building that contains one or more dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes. CCZLDO Compliance with Comprehensive Plan and Ordinance Provisions The Comprehensive Plan of Coos County is the basis for all land use development within Coos County. Should any conflicts arise between the Plan and this Ordinance, the provisions of the Plan will prevail. It shall be unlawful for any person, firm, or corporation to cause, develop, permit, erect, construct, alter or use any building, structure or parcel of land contrary to the provisions of the district in which it is located. No permit for construction or alteration of any structure shall be issued unless the plans, specifications, Page 2

3 and intended use of any structure or land conform in all respects with the provisions of this Ordinance, unless approval has been granted by the Hearings Body. Any use permitted within a primary zone but specifically not permitted by an overlaying floating zone restriction (required by the Comprehensive Plan) shall not be permitted. Pursuant to CCZLDO Section , the subject parcel is not a lawfully created lot. No permit shall be issued without first bringing the lot into compliance with the CCZLDO. CCZLDO (1)(a & h) Development and Use Permitted [in the Urban Residential zones] - Residential The following uses and their accessory uses are permitted outright in the Urban Residential-1 (UR-1), Urban Residential-2 (UR-2) and Urban Residential-Multi-Family (UR-M): 1. Residential a. Single Family Dwelling Conventional or Manufactured. h. Accessory Structures shall be allowed outright on lots and parcels when a dwelling exists or a dwelling is proposed to be sited concurrently with the dwelling. The accessory structure must be accessory to a permitted use. Accessory structures must meet the definition as listed in Section If the accessory structure is proposed without a dwelling it shall require a conditional use. The applicant is proposing to site a garage for boat storage with a single family dwelling located on the second story of the structure. The proposed structure contains area that meets the definition of a dwelling and area that meets the definition of an accessory structure. CCZLDO Development and Use Standards [in the Urban Residential zones] 1. Development and use standards apply to all new development and creation of lots or parcels unless it meets the circumstances of The lot is currently empty and does not have an existing use. The lot s size is greater than the minimum lot size for the area and is not governed by Minimum Lot size: Therefore, the proposed use is subject to the provisions of CCZLDO a. The following minimum lot sizes shall apply: i. Site having neither public water or public sewer one acre. ii. Sites having public water, but no public sewer 8000 square feet. Page 3

4 iii. Sites having both public water and public sewer 5000 square feet, except a two family duplex which requires 8000 square feet. The subject parcel has both public water and public sewer and is larger than the minimum size requirement of 5,000 square feet. 3. Dwelling unit density shall not exceed one unit per minimum lot size, except each additional attached dwelling unit requires 1200 additional square feet above the minimum lot size. The submitted proposal indicates one proposed dwelling, for a total density of one dwelling per 10,000 square feet. 4. Minimum road frontage/lot width unless waived by the Planning Director in consultation with the County Surveyor and County Roadmaster due to creating an unsafe or irregular configuration: a. Minimum Street Frontage: 50 feet b. Minimum Lot Width and Depth: 50 feet The subject parcel is 100 by Front Setback: 20 feet. The applicant s submittal indicates the proposed structure will be greater than 20 feet from the front property line. As a condition of approval, the property owner shall be required to site the constructed building as close as possible to the proposed site. 6. Side and Rear Set-Back: The side and rear setback shall be a minimum of 5 feet unless the side or rear yard is adjacent to a street or road (corner lot) the minimum setback shall be 15 feet from that street or road. The applicant s submittal indicates the proposed structure will be greater than 5 feet from the side and rear property lines. As a condition of approval, the property owner shall be required to site the constructed building as close as possible to the proposed site. 7. Setback exception Front yard setback requirements of this Ordinance shall not apply in any residential district where the average depth of existing front yards on developed lots within the same zoning district block, but no further than 250 feet from the exterior side lot lines of the lot and fronting on the same side of the street as such lot, is less than the minimum required front yard building setback. In such cases the front yard setback requirement on any such lot shall not be less than the average existing front yard building setback. Page 4

5 The proposed building site meets the applicable setback requirements. Therefore, this criterion does not apply. 8. Maximum Building height is 35 feet. However, spires, towers, domes, steeples, flag poles, antennae, chimneys, solar collectors, smokestacks, ventilators or other similar objects may be erected above the prescribed height limitations, provided no usable floor space above the height limits is thereby added. Such over height object shall not be used for advertising of any kind. The applicant s submittal indicates the proposed structures will be two stories tall, which should remain under the height limit of 35 feet. As a condition of approval, the proposed building shall be restricted to a maximum height of 35 feet. The property owners shall be required to submit building plans to the Planning Department indicating this provision is satisfied. 9. Off-street access, parking and loading requirements per Chapter VII apply. The Coos County Road Department administers the access, driveway, and parking requirements of Chapter VII. As a condition of approval, the applicant shall be required to obtain an Access / Driveway / Road / Parking Verification Permit from the Coos County Road Department. 10. Riparian vegetation setback within 50 feet of a estuarine wetland, stream, lake or river, as identified on the Coastal Shoreland and Fish and Wildlife habitat inventory maps, shall be maintained except that: a. Trees certified as posing an erosion or safety hazard. Property owner is responsible for ensuring compliance with all local, state and federal agencies for the removal of the tree. b. Riparian vegetation may be removed to provide direct access for a water-dependent use if it is a listed permitted within the zoning district; c. Riparian vegetation may be removed in order to allow establishment of authorized structural shoreline stabilization measures; d. Riparian vegetation may be removed to facilitate stream or stream bank clearance projects under a port district, ODFW, BLM, Soil & Water Conservation District, or USFS stream enhancement plan; e. Riparian vegetation may be removed in order to site or properly maintain public utilities and road right-of-ways; f. Riparian vegetation may be removed in conjunction with existing agricultural operations (e.g., to site or maintain irrigation pumps, to limit encroaching brush, to allow harvesting farm crops customarily grown within riparian corridors, etc.) provided that such vegetation removal does not encroach further into the vegetation buffer except as needed to provide an access to the water to site or maintain irrigation pumps; or g. The 50 foot riparian vegetation setback shall not apply in any instance where an existing structure was lawfully established and an addition or alteration to said structure is to be sited not closer to the estuarine wetland, stream, lake, or river than the existing structure and said addition or alteration represents not more than 100% of the size of the existing structure s footprint. Page 5

6 h. Riparian removal within the Coastal Shoreland Boundary will require a conditional use. See Special Development Considerations Coastal Shoreland Boundary. i. The 50 measurement shall be taken from the closest point of the ordinary high water mark to the structure using a right angle from the ordinary high water mark. The proposed building site is located more than 50 feet away from any wetland, stream, lake, or river inventoried by the Local and National Wetland Inventories. CCZLDO (3)(b) Historical, Cultural, and Archaeological Resources, Natural Areas, and Wilderness (Balance of County Policy 5.7) b. Areas of Archaeological Concern: Coos County shall continue to refrain from widespread dissemination of site-specific inventory information concerning identified archaeological sites. Rather, Coos County shall manage development in these areas so as to preserve their value as archaeological resources. i. This strategy shall be implemented by requiring development proposals to be accompanied by documentation that the proposed project would not adversely impact the historical and archaeological values of the project's site. "Sufficient documentation" shall be a letter from a qualified archaeologist/historian and/or a duly authorized representative of a local Indian tribe(s). ii. Properties which have been determined to have an "archaeological site" location must comply with the following steps prior to issuance of a "Zoning compliance Letter" for building and/or septic permits. 1. The County Planning Department shall make initial contact with the Tribe(s) for determination of an archaeological site(s). The following information shall be provided by the property owner/agent: a. Plot plan showing exact location of excavation, clearing, and development, and where the access to the property is located; b. Township, range, section and tax lot(s) numbers; and c. Specific directions to the property. 2. The Planning Department will forward the above information including a request for response to the appropriate tribe(s). 3. The Tribe(s) will review the proposal and respond in writing within 30 days to the Planning Department with a copy to the property owner/agent. 4. It is the responsibility of the property owner/agent to contact the Planning Department in order to proceed in obtaining a "Zoning Compliance Letter" (ZCL) or to obtain further instruction on other issues pertaining to their request. iii. In cases where adverse impacts have been identified, then development shall only proceed if appropriate measures are taken to preserve the archaeological value of the site. "Appropriate measures" are deemed to be those, which do not compromise the integrity of remains, such as: Page 6

7 1. Paving over the sites; 2. Incorporating cluster-type housing design to avoid the sensitive areas; or 3. Contracting with a qualified archaeologist to remove and re-inter the cultural remains or burial(s) at the developer's expense. If an archaeological site is encountered in the process of development, which previously had been unknown to exist, then, these three appropriate measures shall still apply. Land development activities found to violate the intent of this strategy shall be subject to penalties prescribed by ORS (Source: Coos Bay Plan). iv. This strategy is based on the recognition that preservation of such archaeologically sensitive areas is not only a community's social responsibility but is also a legal responsibility pursuant to Goal #5 and ORS It also recognizes that historical and archaeological sites are non-renewable, cultural resources (Source: Coos Bay Plan). Notice of the proposed project was given to the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians on April 25, Stacy Scott, Cultural Resources Protection Specialist and Tribe Historic Preservation Officer, responded stating there were no objections to the proposal, but notification was requested if any known or suspected archaeological materials were discovered. Notice of the proposed project was given to the Coquille Indian Tribe on July 10, Kassandra Rippee, Archaeologist and Tribe Historic Preservation Officer, responded stating there were no objections to the proposed project, but the site was in close proximity to known cultural resources and she requested notice if any known or suspected cultural materials were encountered during ground work. As a condition of approval, the applicants shall be required to notify the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians and the Coquille Indian Tribe immediately if any known or suspected archaeological materials are discovered during construction. ORS Validation of a Unit of Land Not Lawfully Established 1. A county or city may approve an application to validate a unit of land that was created by a sale that did not comply with the applicable criteria for creation of a unit of land if the unit of land: a. Is not a lawfully established unit of land; and Pursuant to CCZLDO Section , the subject parcel is not a lawfully created unit of land. b. Could have complied with the applicable criteria for the creation of a lawfully established unit of land in effect when the unit of land was sold. Page 7

8 The minimum lot size at the time of creation of the lot was 10,000 square feet. A Partition application could have been completed at the time of creation in order for the lot to be considered lawfully created. 2. Notwithstanding subsection (1)(b) of this section, a county or city may approve an application to validate a unit of land under this section if the county or city approved a permit, as defined in ORS (Definitions for ORS to and to ) or (Definitions for ORS to ), respectively, for the construction or placement of a dwelling or other building on the unit of land after the sale. If the permit was approved for a dwelling, the county or city must determine that the dwelling qualifies for replacement under the criteria set forth in ORS (Other forestland dwellings) (1)(a) to (e). The Coos County Planning Department has not previously issued a land use decision on the subject property regarding the installation of a dwelling or any other use. Therefore, this criterion does not apply. 3. A county or city may approve an application for a permit, as defined in ORS (Definitions for ORS to and to ) or (Definitions for ORS to ), respectively, or a permit under the applicable state or local building code for the continued use of a dwelling or other building on a unit of land that was not lawfully established if: a. The dwelling or other building was lawfully established prior to January 1, 2007; and b. The permit does not change or intensify the use of the dwelling or other building. The Coos County Planning Department has not previously issued a land use decision on the subject property regarding the installation of a dwelling or any other use. Therefore, this criterion does not apply. 4. An application to validate a unit of land under this section is an application for a permit, as defined in ORS (Definitions for ORS to and to ) or (Definitions for ORS to ). An application to a county under this section is not subject to the minimum lot or parcel sizes established by ORS (Minimum lot or parcel sizes). This is in response to an application made to validate a unit of land. 5. A unit of land becomes a lawfully established parcel when the county or city validates the unit of land under this section if the owner of the unit of land causes a partition plat to be recorded within 90 days after the date the county or city validates the unit of land. Page 8

9 As a condition of approval, the applicant shall be required to record a final plat, pursuant to CCZLDO Section Final Plat Regulation and Requirements, with the Coos County Clerk. 6. A county or city may not approve an application to validate a unit of land under this section if the unit of land was unlawfully created on or after January 1, The subject property was created on March 1, Therefore, this criterion does not apply. 7. Development or improvement of a parcel created under subsection (5) of this section must comply with the applicable laws in effect when a complete application for the development or improvement is submitted as described in ORS (Final action on permit or zone change application) (3)(a) or (Final action on certain applications required within 120 days) (3)(a). [2007 c.866 2] An application for Compliance Determination has been made for the proposed development on the property. All future development proposals will require review by the Planning Department. III. AGENCY REQUIREMENTS No other agency requirements have been received as of the date of this report. IV. CONCLUSION AND CONDITIONS The applicant has met the criteria for validation of a unit of land not lawfully created, with the following conditions: 1. Pursuant to ORS (1), the fees charged by the Coos County Planning Department for permit applications represent the average cost of processing the application. If the actual cost of processing the application exceeds the average cost, then the applicant shall be responsible for paying the full amount. 2. All applicable federal, state, and local permits shall be obtained prior to the commencement of construction. 3. A Zoning Compliance Letter shall be required prior to the commencement of development work on the property. 4. Pursuant to CCZLDO (5 & 6), the property owner shall be required to site the constructed building as close as possible to the proposed site. 5. Pursuant to CCZLDO (8), the proposed building shall be restricted to a maximum height of 35 feet. The property owners shall be required to submit evidence to the Planning Department indicating this provision is satisfied prior to the issuance of a Zoning Compliance Letter. Page 9

10 6. Pursuant to CCZLDO (9), an Access / Driveway / Road / Parking Verification Permit shall be obtained from the Coos County Road Department prior to the issuance of a Zoning Compliance Letter. A copy of this application form has been sent with this report to the property owner. The application and fee of $150 shall be submitted to the Coos County Planning Department to begin the process. 7. Pursuant to CCZLDO (3)(b), the applicants shall be required to notify the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians and the Coquille Indian Tribe immediately if any known or suspected archaeological materials are discovered during construction. 8. Pursuant to ORS , the applicant shall be required to submit a Final Plat map drawn to the standards of CCZLDO within 90 days of the appeal deadline, or by November 16, The applicable Final Plat requirements have been included at the end of this. V. NOTIFICATION The Planning Department mailed individual written notice of the decision to the owners of record of all property located within 100 feet of the subject property. Notice of Decision with a copy of the staff report was forwarded to Applicant(s); Owner(s); Applicant s Surveyor (if applicable); Dave Perry, DLCD; Coos County Assessor s Office; Coos County Road Department; and County Surveyor s Office. Notice of Decision was also provided to the following: Coos County Planning Commission, Coos County Board of Commissioners, the special districts as noted above. In addition, notice of the decision was posted at the Coos County Courthouse, Coquille Annex and North Bend Annex. All notices were mailed and posted on August 17, VI. NOTICE OF APPEAL RIGHTS This decision may be appealed to the Coos County Hearings Body pursuant to Article 5.8 of the Coos County Zoning and Land Development Ordinance within 15 days from the date of written notice. Appeals must be received in the Planning Department by 5 p.m. on Tuesday, September 01, 2015 in order to be considered. This decision will not be final until the period for filing an appeal has expired. Detailed information about the appeal process, filing fees, and additional information will be provided by the Planning Department upon request. The decision is based upon the submitted application, supporting evidence, facts, and findings to the criteria. VII. FINAL PLAT REGULATIONS AND REQUIREMENTS FINAL PLAT REGULATION AND REQUIREMENTS: Action upon a final subdivision plat by the Director is a ministerial action and must be undertaken within thirty (30) days of receipt of the final plat. 2. Final Plat Requirements. a. The final plat shall be prepared in conformance with all provisions of b. Prior to submission for final approval, the final plat shall be signed by all persons who Page 10

11 own land in the subdivision or partition and the mortgagees, or by their authorized representatives or any titleholder. The plat shall bear the signature and seal of the registered professional land surveyor responsible for its preparation and certification that the plat has been correctly surveyed and properly monumented. All signatures must be in archival quality black ink. c. All plats shall be drawn using archival quality black ink, approved by the County Surveyor, on archival quality drafting material. One shall be 18 inches by 24 inches (Clerk s office) and one shall be 18 inches by 27 inches with the 3 inch extension on the left that is suitable for binding purposes (Surveyor s office). The quality of said drafting material and any other drafting particulars will be subject to the County Surveyor's approval. No diazo process may be used. No drafting shall come nearer any edge than one inch and no nearer the left or binding edge than four inches. d. The plat shall be drawn to a typical engineer scale (example 1 = 50 ). Any deviation from this scale shall be allowed only with the approval of the County Surveyor. 4. Information Required in the Final Partition Plat. The following information shall be included on the final plat or in the supporting documents, and the plat shall otherwise comply with ORS : a. Location of the parcel by one-fourth section, Township and Range; b. Names and addresses of the partitioner, owner, mortgagee, if any, and the registered professional land surveyor preparing the map; c. North arrow, scale, and date submitted; d. The names of any streets intersecting or within the parcels; e. All easements provided for public services, utilities, or access must be shown on the face of the partition plat using bearings, distances and dimensions or a legal description and any limitations of the easements. If it is a preexisting easement or if the easement has been filed with the County Clerk prior to the final approval of the land partition, then the Recorder's number shall appear on the face of the partition plat; f. Zoning classification and Comprehensive Plan designation; g. The course of all lines traced or established, giving the basis of bearing and the distance and course to a section corner, one-quarter corner, one-sixteenth corner or Donation Land Claim corner in Township and Range, a lot corner of a recorded subdivision, a boundary corner of a condominium, or a parcel corner of a recorded partition; h. A surveyor's affidavit and written legal description of the boundary of all land contained in the land partition. Each parcel shall be identified with a parcel designation; i. Space for date and signatures of the following officials for the final partition plat: i. Director; ii. County Surveyor; and Page 11

12 iii. County Tax Collector/Assessor in accordance with ORS ; j. Narrative per ORS ; k. Any additional information made a condition of approval of the tentative plan. l. When parcels are not required to be monumented or surveyed, a schematic diagram shall be included on the face of the final partition plat showing the exterior boundaries of all parcels and their relationship with the parcel(s) requiring monumentation and surveying; m. Unsurveyed parcels shall have the term "unsurveyed" in bold letters adjacent to the parcel number; and n. Planning Department file number. 5. Survey Requirements for all final plats: a. Survey Accuracy: i. The survey for the plat shall be done in a manner to achieve such accuracy that measurements may be taken between monuments within one-tenth of a foot or one ten-thousandth of the distance shown on the plat, whichever is greater; ii. The survey for the plat shall be of such accuracy that the error of closure shall not exceed 1 foot in 10,000 feet. Any lesser accuracy shall be allowed only with the approval of the County Surveyor; and iii. The dimensions shown on the plat shall be of such accuracy that the error of closure of any portion shall not exceed 1 foot in 10,000 feet. b. Measurements: The plat shall contain the following measurements: i. The boundary lines with distances and bearing the exact location and width of existing or recorded streets intersecting the boundary; and ii. The central angle, radius, length and bearing, and distance of the long chord; and iii. Bearing and distance for all tangents; and iv. Lot numbers and lot lines with dimensions in feet and hundredths and bearings and angles to street and alley lines; and v. The area of each lot in either acres, to the nearest 1/100th of an acre, or square feet; and vi. All bearings or measured angles and distances separately indicated from those of record; and vii. All monuments set and their relation to older monuments found. A detailed description of monuments found and set shall be included and all monuments set shall be separately indicated from those found. Any additional information shall Page 12

13 c. Monuments: be typed or printed in narrative form. i. The plat shall contain the location, material, and size of all monuments which have been set. A monument shall be set at every angle point along the boundary lines, any exceptions shall be allowed only with the written approval of the County Surveyor. All monuments on the exterior boundaries of a subdivision shall be set where changes in the direction of the boundary occur and referenced on the plat before the plat is offered for approval. The remaining monuments need not be set prior to the approval of the plat. Special symbols shall be used to designate and describe points where the remaining monuments will be set; ii. Monuments shall meet the specifications of the County Surveyor and shall be no less than those required by ORS ; iii. Monuments shall be set with such accuracy that measurements may be taken between monuments within one-tenth of a foot or within one ten-thousandth of the distance shown on the subdivision plat, whichever is greater; iv. If the remaining monuments are not set prior to the approval of the plat: 1. The person performing the survey work shall, by affidavit, on the plat, certify that the interior monuments will be set by a date specified by him or her, such a date not exceeding one year from the date of submission of the plat for approval. The County Surveyor may extend the one year period and such extension shall be in writing. The County Surveyor shall submit a written copy of the extension to the Director; 2. The subdivider shall furnish to the Coos County Surveyor's Office a bond, cash deposit, or other security at the option of the Coos County Surveyor's Office in the amount equal to not more than 120% of the cost to perform the work for the remaining monumentation; 3. Upon completion of the remaining monumentation, the person performing the survey shall notify the County Surveyor within five (5) days; 4. The County Surveyor shall check the remaining monumentation, and, if the conditions required on the tentative plan have been complied with, he or she shall so certify on the subdivision plat in the Clerk's Office and the exact copy filed in the County Surveyor's Office; 5. The person performing the survey work shall certify by affidavit on the plat that he has correctly surveyed and marked with proper monuments the land as represented. v. Flood Plain Monumentation for Subdivision, PUD and Partitions. For subdivisions and partitions involving land in a flood plain, the following specifications shall apply: Page 13

14 1. A standard Bench Mark shall be a minimum of 36" in depth and 8" in diameter, constructed of concrete with a brass cap set in the center. The brass cap shall bear the name of the Bench Mark, the year set and the agency or Registered Land Surveyor's license number. The Bench Mark shall be set at least 30" in the ground in a stable, protected area of the partition or subdivision. The elevation established shall be 3rd order or higher; 2. The Bench Mark location shall be indicated on the face of the Plat or Final Survey Map along with its name and elevation and the name, year, and elevation of the Bench Mark upon which the elevation is based; 3. The level notes or a copy thereof shall be filed with the final map. Any exceptions shall be allowed only with the approval of the County Surveyor. d. Field notes and closure copies to County Surveyor: i. Copies of all lot closures and plat closures of the subdivision shall be furnished to the County Surveyor upon his request. ii. If the interior monuments are not set prior to the approval of the plat, the field notes or legible copies for the original survey of the subdivision shall be furnished to the County Surveyor upon his request. e. County Surveyor Fees: The subdivider shall pay a fee to the County Surveyor as provided in ORS (2). If the interior monuments are not set prior to the approval of the plat, the subdivider shall pay an additional fee to the County Surveyor equal to 50% of that fee provided in ORS (2), to cover the second field check as provided in post monumentation. In the event a second field and/or office check becomes necessary because of substantial discrepancies found in the first check, the County Surveyor may, at his discretion, charge a second fee or partial fee. 10. Filing and Recording of Final Plat: a. After final plat approval, the applicant shall submit without delay the final plat for signatures of the following County officials, in the order listed: i. Director, on behalf of the Planning Department; ii. Board of Commissioners if there any dedications; iii. Assessor in accordance with the provisions of ORS ; and iv. Surveyor, in accordance with the provisions of ORS b. The final plat shall be recorded within thirty (30) days of the date received unless there are corrections needed; c. The original plat may not be corrected or changed after it is recorded with the County Clerk. Page 14

15 SECTION REQUIRED DECLARATION OF PARTITION: After final approval of any partition plat creating unsurveyed partitioned parcels, the partitioner shall cause to be recorded in the County deed records a Declaration of Partition which shall be numbered as required under ORS (2) and shall include: 1. The declaration described in ORS (1) to (3); 2. A description of each parcel being created, prepared by a registered professional land surveyor together with the seal, signature, and address of the registered professional land surveyor; 3. Evidence of any approval required by this Ordinance; The County Surveyor shall review the Declaration of Partition to determine that the Declaration of Partition complies with the provisions of this Section and other applicable laws and with the partition requirements established by this Ordinance. [OR PL 2/23/94] Page 15