Chapter 16.32
PARTITIONS AND BOUNDARY LINE ADJUSTMENTS
Sections:
16.32.010 Applicability of regulations.
16.32.020 Filing procedures and requirements.
16.32.030 Requirements for approval.
16.32.040 Improvement requirements.
16.32.100 Special partitioning regulations.
16.32.110 Property line adjustment.
16.32.120 Approval requirements for creation of a fourth parcel by partitioning.
16.32.130 Partitioning for financial purposes.
16.32.010 Applicability of regulations.
A. The county shall approve all proposed land partitioning within the county. Approval shall only be granted in accordance with the provisions of this chapter. Provided, however, the subdivision committee may refer any partition to the hearings officer for a hearing and decision.
B. Any map or drawing prepared by the county surveyor in a private capacity shall be approved by the county surveyor of another county in accordance with the provisions of ORS 92.100. (Ord. O-160-2000 Exh. A § 5.1, 2000)
16.32.020 Filing procedures and requirements.
A. The subdivider or authorized agent or representative, shall prepare and submit ten (10) copies of the documents hereinafter described, in accordance with the prescribed procedures, and the appropriate filing fee, to the planning department.
B. The tentative plan or preliminary drawing shall include the following:
1. A vicinity map locating the proposed partitioning in relation to adjacent subdivisions, roadways, and adjoining land use and ownership patterns. The map must include names of all existing roadways shown therein;
2. A plan of the proposed partitioning showing tract boundaries and dimensions, the area of each parcel, locations of all easements, rights-of-way widths and improvement standards of existing roads;
3. Names and addresses of the landowner, the applicant (if different), the surveyor employed or to be employed to make necessary surveys, and prepare the final plat showing each parcel to be created;
4. A statement regarding contemplated water supply, sewage disposal, solid waste disposal, fire protection and access;
5. North arrow, scale, data of map, identify adjacent property by tax lot (section, township, range);
6. Statement regarding past, present, and intended use of the parcels to be created;
7. If a tract of land has water rights, the application shall be accompanied by a water rights division plan approved by the irrigation district or other water district holding the water rights, or when there is no such district, by the district water master;
8. Location of all on site existing buildings, canals, ditches, septic tank and drain fields;
9. Location of any topographical features which could impact the partition, such as canyons, bluffs, rock outcropping, natural springs and floodplains;
10. Proposed access rights-of-way, location, width, name, degree of curve and approximate grade.
C. All parcels less than forty (40) acres shall be surveyed and monumented. (Ord. O-160-2000 Exh. A § 5.2, 2000)
16.32.030 Requirements for approval.
A. No application for partitioning shall be approved unless the following requirements are met:
1. Proposal is in compliance with ORS Chapter 92, the comprehensive plan and the zoning ordinance;
2. Proposal does not conflict with acquired public access easement within or adjacent to the partition; or
The partition is accessed either by roads dedicated to the public or by way of United States Forest Service or Bureau of Land Management roads where the applicant has submitted a written agreement from the appropriate land management agency which provides for permanent legal access to the parcels and any required maintenance. This provision shall not be subject to variance;
3. Each parcel is suited for the use intended;
4. All required public services and facilities are available and adequate;
5. An approved water rights division plan, if applicable.
B. The subdivision committee shall deny an application for partitioning when it appears the partitioning is part of a plan or scheme to create more than three parcels without going through subdivision, or is part of a development pattern having the effect of creating more than three parcels without subdividing. (Ord. O-160-2000 Exh. A § 5.3, 2000)
16.32.040 Improvement requirements.
A. In the approval of a land partitioning, the subdivision committee shall consider the need for street and other improvements, and may require as a condition of approval any improvements that may be required for a subdivision under the provisions of this title. All roads in partitions shall be dedicated to the public without reservation or restriction.
B. Easement Access. The hearings body may require the applicant to improve an easement access serving two or more parcels according to the county’s street standards. (Ord. O-160-2000 Exh. A § 5.4, 2000)
16.32.050 Application review.
Following submission of an application for a land partitioning the subdivision committee shall review the plans and application submitted, and shall either approve or deny the application. (Ord. O-160-2000 Exh. A § 5.5, 2000)
16.32.060 Appeal.
A. An appeal of a decision or requirement of the subdivision committee relative to a land partition shall be made in accordance with the provisions of Jefferson County development procedures.
B. A person may appeal to the planning commission from a decision or requirement made pursuant to this title by the planning director. A person may appeal to the county commissioners from a decision or requirement made by the planning commission. To have standing to file an appeal to the county commissioners from the planning commission, a person must first have participated in the action at the planning commission level. Participation consists of written or oral communication to the planning commission. Such communication must be related to the proposal under consideration and must be received within the timeline prescribed for such input.
C. The county commissioners may, at its discretion, allow an appeal without participation at the planning commission level. To make such an allowance, the county commissioners must receive a letter stating the reason for the appeal, and the reasons and extenuating circumstances, which prevented participation at the planning commission level.
D. Written notice of the appeal must be filed with the county within fifteen (15) days after the decision or requirement is made. The notice of appeal shall state the nature of the decision or requirement and the grounds for action of the appeal shall be as follows:
1. The county commissioners or planning commission shall hold a hearing on the appeal within forty-five (45) days from the time the appeal is filed, the county commissioners or commission may continue the hearing for a good cause.
2. The county commissioners or planning commission may review a lower decision upon its own motion after giving ten (10) days notice to the parties involved in the decision, and if such review is initiated within fifteen (15) days of receipt of notice of said lower decision.
3. An appeal or review proceeding shall be based upon, but not limited to, the record or the decision being appealed or reviewed.
4. Following the hearing, the county commissioners or planning commission may overrule or modify any decision or requirement and shall set forth findings for such decision.
5. The procedure, public notice, and type of hearing for an appeal or review shall be in the same manner as required for the original application. (Ord. O-160-2000 Exh. A § 5.6, 2000)
16.32.070 Final map filing.
Following the approval of a tentative plan for partitioning, the applicant shall prepare and submit to the planning department the final maps for the partitioning. Such filing shall be completed within one year from the date of the approval, or the approval shall be void. The final map shall be prepared in accordance with the following requirements and the original submitted by the planning department to the subdivision committee for approval. The office of the county clerk following approval by the subdivision committee shall record the original and two true and exact copies. (Ord. O-160-2000 Exh. A § 5.7, 2000)
16.32.080 Extensions.
Requests for extensions shall be reviewed in the manner provided for in Section 16.28.010. (Ord. O-160-2000 Exh. A § 5.8, 2000)
16.32.090 Requirements.
A. Final map requirements:
1. Maps shall be drawn to a scale of one inch per one hundred (100) feet or by the county surveyor as approved.
2. Name of the owner(s) and surveyor shall be shown on the map.
3. Date, scale, north arrow, legend, surveyor certificate of boundary location by one-quarter.
4. Parcel boundary lines, with dimensions and bearings; bearings shall be to the nearest one second, and distances to the nearest 0.01 feet.
5. An affidavit by the surveyor having surveyed the land involving a partitioning.
6. A certification of acceptance of any public dedication.
7. Applicable certificates and signatures as noted in accordance with Section 16.28.050(N) of this title.
8. Water rights to be assigned to each parcel shall be indicated on the map or drawing and certification of approval thereof.
9. A signature of approval by the county surveyor in accordance with Section 16.32.010(B).
B. Approval Requirements. The hearings body shall approve no final map or drawing for a land partitioning unless all of the following requirements are met:
1. The final map or drawing is in strict conformance with the approved tentative plan.
2. The final map or drawing is in conformance with the requirements set forth in subsection A of this section.
3. Access is guaranteed to each parcel.
4. Each parcel five acres or less in size shall be connected to or be approved for a sewage disposal system.
5. All required public utilities are available.
6. All condition of the tentative plan approval have been met or guaranteed.
7. All proposed or required improvements have been completed and accepted by the county.
C. Certification of Final Approval. A final plat shall be considered to have final approval upon completion of the following:
1. If a Type I subdivision, execution of a certification of approval by the board of county commissioners.
2. Completion or satisfactory guarantee of completion of all conditions and requirements specified in the tentative approval. (Ord. O-160-2000 Exh. A § 5.9, 2000)
16.32.100 Special partitioning regulations.
The partitioning of a tract of land in which not more than one parcel is created and transferred to a public or semi-public agency for the purpose of a road, railroad, electric substation or canal right-of-way may be approved by the planning director. (Ord. O-160-2000 Exh. A § 5.10, 2000)
16.32.110 Property line adjustment.
The planning director may approve the adjustment of a property line by the relocation of a common boundary. Such adjustments shall meet the requirements of ORS Chapter 92 and the requirements of the county surveyor.
A. Property Line Adjustment does not include any of the following:
1. Creation of an additional parcel, ownership, or tax lot.
2. Reduction of any parcel(s) below the minimum lot size required by the applicable zone.
Exception:
a. The planning director may approve a property line adjustment when all parcels included are less than the minimum lot size of the zone and the proposed final boundary configuration for the parcels contain a sufficient amount of surface area to construct a future dwelling and an onsite site septic disposal system; or
b. The planning director may approve a property line adjustment when one or more parcels exceed the minimum lot size of the zone and one or more parcels are less than the minimum lot size of the zone, providing the final lot configuration for all parcels does not reduce the number of parcels that originally exceeded the minimum lot size and the proposed final boundary configuration for the parcels contain a sufficient amount of surface area to construct a future dwelling and an onsite site septic disposal system.
3. Transfer of dwellings from one ownership to another.
B. The following signatures are required on the final Mylar map and/or the paper map:
1. County surveyor;
2. Planning director;
3. Assessor;
4. County clerk. (Ord. O-160-2000 Exh. A § 5.11, 2000)
16.32.120 Approval requirements for creation of a fourth parcel by partitioning.
When any property that exists as a unit of ownership at the date of adoption of this ordinance (regardless of intervening ownership changes of the entire property, or new parcel) is partitioned into three parcels, the application for creation of the fourth parcel on the property shall be administered in conformance with the following provisions:
A. The subdivision committee shall review the application for compliance and submit comments to the planning commission. The subdivision committee shall not have the authority to approve a partitioning application for creation of a fourth parcel and shall refer the application to the planning commission.
B. When a partitioning application is referred to the planning commission as provided in this section, the planning commission review shall be conducted as follows:
1. The applicant shall submit a master plan for future development of the entire property. This plan shall be in conformance with Sections 16.20.010 through 16.20.060 and 16.24.010 of this title.
2. The commission shall conduct a master plan review in conformance with Section 16.24.020 of this title.
3. Appeal and termination of a master plan approval shall be conducted in conformance with Sections 16.24.030 and 16.24.040 of this title.
C. The approved master plan shall be kept on file in the planning department, and shall guide future development of the property unless the planning commission approves changes.
D. Once a master plan has been approved as required in subsection B of this section, further partitioning may be approved by the subdivision committee, provided that all further partitioning requests are in conformance with the approved master plan. (Ord. O-160-2000 Exh. A § 5.12, 2000)
16.32.130 Partitioning for financial purposes.
A. Upon application to the planning director, a special permit may be granted authorizing the creation of a security interest or leasehold in a parcel of land, which is in an agriculture or rangeland zone.
B. Permits issued under the authority of this section shall be subject to the following limitations and restrictions:
1. A parcel possessed or subject to a right of possession by a person under the terms of a lease or the foreclosure of a security interest, and the remaining parcels, must remain in the same legal use the parcels were in at the time the interest became possessory. However, the parcels may be put into agricultural use; but in no case may an additional structure or improvement, other than that which is the subject of the applicable security interest, be added to any parcel by the authority of the permit authorized in subsection A of this section. In order to establish uses other than agriculture or to erect structures including farm accessory structures, the owner of the parcel must secure a land partitioning approval as otherwise required by this title.
2. The permit authorized in subsection A of this section shall be valid only for the time of the lease or the life of the security interest, except in the case of default and foreclosure upon the interest. In the case of default and foreclosure, the permit shall be valid only until a land-partitioning permit is granted or the parcels are rejoined in a contiguous unit of land under the same ownership.
3. At the expiration of the security interest if there is no default or foreclosure or at the expiration of the lease, the parcels shall be rejoined in a contiguous unit of land under one ownership and, shall be reunited or combined into a single tax lot. The owner of the property shall be in violation of this title if the owner has not, within thirty (30) days of the permit becoming void, made written application to the county assessor for the combination of the parcels into a single tax lot.
C. No permit may be issued under this section until the owners of the subject property and the holder of the security or lease interest sign a statement indicating that all parties agree to comply with the limits being placed upon the permit.
D. The permit issued under this section shall be immediately void if the owner of the property attempts any transfer of the subject parcels except as provided by the terms of the permit or of this title.
E. The partitioning permit authorized by this section shall be granted only if the applicant certifies and the planning director finds that:
1. The intended partitioning is temporary and not created for the purpose of evasion of the requirements of this title, other county ordinances, regulations, or state law.
2. The partitioning will not result in the need for additional roads or other access.
3. The partitioning will not result in the need for additional improvements.
4. The partitioning will not interfere with adjoining and area land uses.
5. The partitioning will not violate any provisions of applicable zoning or policies of the comprehensive plan. (Ord. O-160-2000 Exh. A § 5.13, 2000)