<<Back to Table of Contents
<<Search Zoning Ordinances>>
ARTICLE_10: MAJOR PARTITIONS MINOR PARTITIONS
SECTION 1006.01 APPROVAL OF PRELIMINARY PARTITION PLANS
An application for a partition in any zone shall be reviewed by the Planning Director, subject to the applicable provisions in this Ordinance, statutory requirements, and the notice requirements contained in ORS 215.416(11). The Planning Director may refer an application to the Planning Commission if the Director determines that the proposal could have significant impacts beyond the abutting properties that are not likely to be adequately addressed by response to the notice requirements under ORS 215.416(11), or that the proposal requires a public hearing to clarify County policy regarding issues of concern raised by the proposal that are not otherwise addressed by this Ordinance.
A. Any landowner, or landowner's authorized agent or representative shall make application to the County Planning Department for review and approval of the partition. Application for a partition shall be on forms provided for that purpose and shall be accompanied by the required fee and eight copies of the proposed Tentative Plan of the Partition. The Tentative Plan required by this Subsection shall meet the standards for such plan as required by this Ordinance.
B. No Tentative Plan of a Partition shall be approved unless such plan complies with the applicable Zoning Ordinance or other regulations of the County that are in effect.
C. An application for preliminary partition plan approval shall be initiated as provided by this Ordinance. Applicants shall file with the Director a copy of the preliminary plan.
D. A preliminary partition plan and supporting documents shall include the following.
1) A vicinity map locating the proposed partitioning in relation to adjacent subdivisions, roadways, and other land parcels.
2) Location of the parcel by Section, Township and Range.
3) North arrow, scale and date.
4) A plan of the proposed partitioning, showing parcel dimensions, bearings of all lines, area of each parcel, and the names of existing and proposed roads.
5) Private streets and all restrictions or reservations relating to private streets.
6) Name and address of the landowners, the applicant and the surveyor, employed to make necessary surveys and prepare the description of each parcel involved.
7) Proposed means and location of water supply and sewage disposal for each parcel.
8) Zoning classification of the land and Comprehensive Plan map designation.
9) Predominant natural features, such as water courses and their flows, marshes, rock outcroppings, and areas subject to flooding, sliding or other natural hazards.
10) Draft of proposed restrictions and covenants affecting the partitioned land.
11) A statement of water right as required in ORS 92.120. If a water right is appurtenant, a copy of the acknowledgment from the State Water Resources Department shall be filed with the final partition map. A signed copy of the Water Right for Partitioning Application shall accompany the preliminary partition plan. Should the Watermaster find requirements, such as an irrigation ditch easement, these necessary requirements shall be a part of the tentative approval and shown on the final map.
E. All road easements created for the purpose of dividing land and/or creating access to said land shall be of no less than 60 feet and shall be recorded with the County Clerk. Until such time as the full easement is needed for development and maintenance of the road, the parties may fence and use the untraveled portion of the easement but shall place no buildings within the 60 foot easement. When fences are built closer than 30 feet from the center line of the access road, they shall be removed at the property owner's expense when the road is accepted for public maintenance.
F. Standards for approval of a preliminary partition plan
1) A decision on a preliminary partition plan application shall be made by the Director as provided in this Section.
2) The preliminary partition plan shall be approved if the Director finds that the information required by this Subsection has been provided and if the design and development standards of this Article have been met.
G. The Director may require dedication or reservation of land and utility or drainage easements, and may impose conditions promoting redevelopment of the parcels if, in view of zoning and Comprehensive Plan map designation, the acreage of a parcel or parcels in contiguous ownership make additional partitioning of the subject property feasible.
H. Duration of approval for preliminary partition plan:
Approval of a preliminary partition plan shall be valid for twenty-four (24) months from the date of tentative approval. During such time, all conditions of approval shall be met and required documentation shall be filed with the Director as an application for final approval, and shall otherwise comply with the provisions of Subsections 1006.01 and 1006.02 of this section.
I. Granting of Extensions
1) An applicant may request an extension of the validity of a preliminary partition plan approval. Such request shall be considered an Administrative Action and shall be submitted to the Director in writing prior to the expiration of such approval, stating the reason why an extension should be granted.
2) The Director may grant an extension of up to twelve (12) months in the validity of a preliminary partition plan approval if it is determined that a change of conditions, for which the applicant was not responsible, would prevent the applicant from obtaining final plan approval within the original time limitation.