TO: Mayor and City Council
THROUGH: Steve Powers, City Manager
FROM: Peter Fernandez, PE, Public Works Director
SUBJECT:
title
A Resolution Authorizing Approval of Subdivision, Partition and Condominium Plats by City Surveyor or Contract Surveyors in Lieu of County Surveyor
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
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ISSUE:
Shall the City Council adopt Resolution No. 2016-33 authorizing approval of subdivision, partition and condominium plats by City surveyor or contract surveyors in lieu of county surveyor?
RECOMMENDATION:
recommendation
Adopt Resolution No. 2016-33 authorizing approval of subdivision, partition and condominium plats by city surveyor or contract surveyors in lieu of county surveyor.
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SUMMARY AND BACKGROUND:
ORS 92.100(1)(b) authorizes the City Surveyor or a contract surveyor employed by the City to approve subdivision and partition plats in lieu of the County Surveyor. ORS 100.115(5) authorizes the City Surveyor or contract surveyor to approve condominium plats.
The City Surveyor has been approving subdivision, partition and condominium plats under its authority under former SRC 63.060 and currently under SRC 205.035(c)(3) and these plats have been accepted for recording by the County Recorder. This process was adopted because the City Surveyor often had more resources available to review plats than the County Surveyor.
The ordinances, however, do not specifically call out the State statutory provisions cited above. This resolution will clarify the issue and give the development community and City staff a readily accessible document that will clearly define the authority of the City Surveyor as it relates to the applicable State statutory provisions.
Additionally, City staff wishes to employ a contract surveyor during periods of peak demand for surveying services. ORS 92.100(1)(b) allows the use of contract surveyors with concurrence of the County Surveyor. Both Polk and Marion County Surveyors have agreed to allow the City to use contract surveyors. Written documentation of their concurrence will follow.
FACTS AND FINDINGS:
1. Oregon law authorizes the City Surveyor or contract surveyors employed by the City to approve subdivision, partition and condominium plats in lieu of the County Surveyor. Adoption of the proposed resolution will provide clarity of the authority of the City Surveyor as it relates to applicable State statutory provisions.
2. Review of plats by the City Surveyor or contract surveyors ensures that development within the City complies with State law.
3. The City Surveyor already reviews and approves plats as part of the subdivision, partition and condominium plat review process.
4. The employment of contract surveyors by the City is necessary to allocate additional resources during periods of peak demand for surveying services. Contract surveyors will not be employed by City staff until written concurrence from Polk and Marion Counties have been received.
5. Review of plats by the City Surveyor or contract surveyors in lieu of the County Surveyor will assist in the efficient processing of development plans thereby encouraging economic development within the City.
Thomas V. Cupani
Assistant City Attorney
Attachments:
1. Resolution 2016-33
07/14/2016