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Josephine County, OregonBoard of Commissioners: Dwight Ellis • Sandi Cassanelli • Dave TolerPLANNING OFFICEMichael Snider, Director700 NW Dimmick Street, Suite C, Grants Pass OR 97526(541) 474-5421 / Fax (541) 474-5422E-mail: planning@co.josephine.or.usPARTITION APPLICATION PRE-APPLICATION FEE: $375 APPLICATION FEE / TENTATIVE APPROVAL: $2,750PROPERTY & APPLICATION INFORMATIONASSESSOR'S LEGAL DESCRIPTION:TWN RNG SEC QTR TAX LOT(S) TWN RNG SEC QTR PROPERTY ADDRESS: ZONING: PARCEL SIZE: PARTITION PLAT NAME NUMBER OF PARCELS OWNERSHIP & APPLICANT INFORMATION TEL: OWNER'S NAME: MAILING ADDRESS: APPLICANT'S NAME: TEL: MAILING ADDRESS: REPRESENTATIVE: TEL: MAILING ADDRESS: Revised 11/08 S:\PLAN\ALL\FORMS\APPLICATIONS\Partition.wpduCOUNTER HOURS g Mon & Fri: 8-12 & 1- 1 3 g Tues & Thurs: 8-12 g Wed: Closedu APPLICANT’S STATEMENT OF UNDERSTANDINGI (we) ______________________________________________________, have filed an application for LAND DIVISIONpursuant to Chapter 5 of the Rural Land Development Code with the Josephine County Planning Office to be reviewed ...
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O r e g o nC o u n t y , J o s e p h i n e Board of Commissioners: Dwight Ellis Sandi Cassanelli Dave Toler PLANNING OFFICE Michael Snider, Director 700 NW Dimmick Street, Suite C, Grants Pass OR 97526 (541) 4745421 / Fax (541) 4745422 Email:lannin co. ose hine.or.us
PARTITION APPLICATION
PREAPPLICATION FEE: $375 APPLICATION FEE / TENTATIVE APPROVAL: $2,750
PROPERTY & APPLICATION INFORMATION ASSESSOR'S LEGAL DESCRIPTION: TWN RNG SEC QTR TAX LOT(S) TWN RNG SEC QTR TAX LOT(S) PROPERTY ADDRESS: ZONING: PARCEL SIZE:
PARTITION PLAT NAME NUMBER OF PARCELS
OWNER'S NAME: MAILING ADDRESS: APPLICANT'S NAME: MAILING ADDRESS: REPRESENTATIVE: MAILING ADDRESS:
Revised 11/08
OWNERSHIP & APPLICANT INFORMATION TEL:
TEL:
TEL:
S:\PLAN\ALL\FORMS\APPLICATION S\Partition.wpd
uCOUNTER HOURSgMon & Fri: 812 &113gTues & Thurs: 812gWed: Closedu
APPLICANT’S STATEMENT OF UNDERSTANDING
I (we) ______________________________________________________, have filed an application forLAND DIVISION pursuant to Chapter 5 of the Rural Land Development Code with the Josephine County Planning Office to be reviewed and processed according to state and county requirements. I (we) acknowledge the following disclosures:
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I (we) understand that any representations, conclusions or opinions expressed by staff in the preapplication review of this request do not constitute final authority or approval, and that I (we) am not entitled to rely upon any such expressions in the place of final approval.
I (we) understand I may ask questions and receive input from planning staff, but acknowledge that I (we) am ultimately responsible for all information and documentation submitted with this application. I (we) further understand planning staff cannot legally bind the county to any fact or circumstance that conflicts with state or local laws, and in the event a conflict occurs, all such statements or agreements are void.
I (we) understand I (we) have the burden of demonstrating my application meets all of the applicable criteria. The criteria for approving or denying my request have been furnished to me as a part of this application and I (we) acknowledge receipt.
I (we) understand planning staff is entitled to ask for additional information or documentation any time after the submission of this application if it is determined such information is needed for the review of my (our) application.
I (we) understand my application may be reviewed by the Oregon Department of Land Conservation and Development (DLCD). If this happens, and DLCD comments on the application, I (we) understand DLCD has the authority to appeal the county's decision to the Oregon Land Use Board of Appeals if it chooses to do so.
I (we) understand it is the function of the planning office to impartially review my application and to address all issues affecting it regardless of whether the issues promote or hinder the approval of my application. In the event a public hearing is required to consider my application, I (we) agree it is my sole responsibility to make out the case in favor of the application.
I (we) understand I am entitled to have a lawyer or a land use consultant help me with my application and to appear with me (or for me) at any appointment, conference or hearing relating to it.
I understand the processing of my application may require a site visit, which may include officials from other agencies, and photographs are commonly taken. Advance notice of the visit will be provided when the site is also a personal residence.
DATE: _______________________, 20_______.
___________________________________________ _____________________________________________ OWNER/APPLICANT*OWNER/APPLICANT* * If the applicant is not the owner, a power of attorney must be on file authorizing the application
STATE OF OREGON County of Josephine
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O n this _____ day of _________ ________, 20___ ___, __________ _________ _________ _________ ______, personally came before me, a Notary Public for the State of Oregon and the County of Josephine, and executed the aboveof Unde rstandingState me nt and acknowledged to me that it was freely and voluntarily done.
NOTARY SEAL
___________________________________ Notary Public, State of Oregon My Commission Expires:______________
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LAND DIVISION INFORMATION
The purpose of Chapter 5 of theJosephine County Rural Land Development Code (RLDC)governing Land Divisions, is to provide procedures, standards and criteria for the review ofP R O P E R TY LINE ADJUSTMENTS, PARTITIONS, REPLATS, SUBDIVISIONS AND PLANNED UN IT DEVELOPMENTS. The requirements of Chapter 5 apply to all land divisions regardless of zone or the number or use of the proposed parcels or lots.
At a minimum, all applications are reviewed by officials from the county Planning, Public Works and Water Resources Departments. Other local, state and federal agencies or private organizations may be included in the review as appropriate. Also, except for property line adjustments, all land division requests will include notice to neighbors and the certified citizen advisory committee active in the area of the application for review and comment. A planner will provide a letter describing the process requirements for each request at the completion of the preapplication review. In addition to the Tentative Plan, all land divisions are required to comply with the standards set out in Article 56,Final Plat, and Article 57,Monumentation, of theRLDC. The burden of proof is on the applicant to complete the application and to substantiate how the request will comply with all of the requirements for approval.
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PREAPPLICATION PROCEDURES
Complete the application cover page, the Applicant's Statement of Understandingon page 2, and theStatement of Intended Water Useform attached to the back of this application.
Read the application requirements, standards and criteria found in this application. Review of your application will be based on compliance with these requirements, standards and criteria.
Provide a plan map with two (2) copies and one (1) 8½ x 11 inch copy. The plan map must have all the information listed on thePreapplication Review Mapping Requirementshandout.
Submit the application materials listed above for preapplication review. A planner will review the application for completeness and accuracy, as well as look for criteria, proof or impact issues.
When the planner finishes this initial review, a letter will be mailed to you that summarizes any issues or concerns the office has about the development, together with what materials are needed to complete the application. When the application is deemed complete, you will be notified to pay the application fee.
APPLICATION PROCEDURES
Provide the materials required to complete the application identified in the preapplication review.
Provide a tentative plan map with three (3) copies and one (1) 8½ x 11 inches copy (surveyors have standard oversized formats for tentative plans for subdivisions, replats and planned unit developments). The tentative plan map must meet all of the mapping requirements for a land partition. The tentative plan map requirements are on page 6 of this application.
Pay the application fee.
Notice will be prepared and mailed to neighbors, certified neighborhood organizations, together with the appropriate local, state and federal agencies and organizations. The maximum comment period is 15 days. If the land partition is part of another application, a single, combined notice will be given.
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Once the comment period closes, staff will review the application and any comments received from the notices and prepare a list of recommended conditions required to comply with the standards and criteria for approval. Staff will then prepare a written decision either approving or denying the application.
A 12 day appeal period follows the written decision.
After the decision becomes final, a final plat accompanied by an exact duplicate in accordance with Article 56 of theRLDCand submitted with two (2) 18" x 24" copies, and one (1) 8 ½ x 11 inch copy withinmust be prepared 2 years from the date of tentative plan approval. The final plat cannot be approved until all of the conditions of approval are performed or suitably guaranteed.
APPLICATION REQUIREMENTS
ARTICLE 40.040 APPLICATION REQUIREMENTS
A complete application will have some of the following information either answered on the application or as an attachment as determined necessary in the preapplication review: Proof of ownership; A completed application form which includes the signature(s) of the land owner and applicant; A power of attorney; A statement of understanding which is signed and notarized;
All required fees; A tentative plan map per the requirements listed in this application; A copy of the assessor's map showing the subject parcel and adjacent tax lots;
A statement from the County Watermaster identifying what acreage has irrigation and water rights, and how many acres are covered under each right; Copy of all existing well logs and relevant water quality and quantity information; A signedStatement of Intended Water Useform and information on how the standards of Article 84 will be met; A copy of an aerial photo of the property; A lot history to prove the parcel is an authorized lot or parcel;
State highway access permit; Copy of a long term access permit or agreement with a federal agency;
A letter or other approval from the appropriate federal and state agencies if the property is located within a scenic easement; A map of the soils on the property including soil numbers;
The location of all water wells on the parcel including copies of all well logs; A copy of any concurrent land use applications.
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REVIEW PROCEDURE, CRITERIA, AND TENTATIVE PLAN REQUIREMENTS
Article 50.040 Land Division Review A. Land division review is an internal administrative process designed to assist the Director in the review of significant land division applications. It shall be the function of this process to establish comprehensive review procedures to examine and evaluate tentative plans for land divisions, and to formulate recommended conditions for development designed to assure compliance with applicable standards and/or criteria. In addition to the review procedures contained in Article 21 (PreApplication Review) and Article 22 (Permit Review Procedures), the Director may take the following steps once a land division application is deemed complete and the fee paid and received:
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Establish a land division review committee consisting of one or more planners and representatives from other county departments, government agencies, political jurisdictions, private organizations, consultants, individuals and property owners, as the Director determines are necessary or helpful in the review of the land division. The land division review committee shall not be considered a separate land use action or process apart from the review authority of the Director or, in the case of public hearings, the Hearings Officer, Planning Commission or Board of Commissioners.
Forward copies of the tentative plan and/or application materials to members of the land division review committee for review and comment, and provide public notice as required by Article 32 for quasijudicial applications.
In addition to the review procedures, review standards and criteria, mapping, survey and other requirements specified in this Article, land division applications shall be governed by the further applicable requirements as set forth in the following Articles of this Chapter.
An assigned planner may conduct one or more site visits to assess land and development conditions, and then review concerns or questions with the land division review committee and any other land use participant. The planner shall be responsible for developing a list of recommended conditions for the land division that complies with the requirements of Section 50.030.B, C and D, as listed above. In the event one or more of the recommended conditions involve the possibility of a “takings” issue, the planner shall refer the condition or conditions to County Legal Counsel for review and opinion pursuant to Board Order #9652.The planner shall report the recommended conditions to the Director.
Upon receipt, the Director shall review the report to determine the conditions which are to be attached to the approval or recommended to the hearings body. Any approval issued by the Director which incorporates conditions based upon the review of criteria shall utilize quasijudicial review procedures. Approvals incorporating conditions based upon the review of standards only shall utilize ministerial review procedures. Review procedures are described in Article 22 (Permit Review Procedures).
Article 50.050 Tentative Plan Review Standards & Criteria
In addition to the requirements of Chapter 7 (General Development Standards) and Chapter 8 (Public Facilities Development Standards), tentative plan approvals for subdivisions, partitions, replats and planned unit development subdivisions shall be reviewed against the following standards and criteria: A.Standards.The following standards shall be reviewed for compliance:
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All lots or parcels affected by the land division are authorized.
The tract or tracts of land included in the tentative plan must be in one ownership or control, or subject to a joint application by all persons possessing recorded interest in the title to the tract;
Any development that includes lands that are subject to flooding, wildfire or erosion hazards shall present a plan or plans that satisfy the requirements of Articles 69.1 (Flood Hazard Overlay), 76 (Wildfire Safety Standards) and 83 (Erosion Control & Storm Drain Facilities). The approved provisions of the mitigation plan or plans shall become conditions for the development of the land division, and individual lots with the land division, as applicable.
Other development standards contained within this code and all other applicable master plans, rules, resolutions, ordinances, codes, technical manuals and policies of the county or the state or federal governments.
The proposed development conforms with the official street map and/or any potential street extensions, and will not prohibit the extension of streets or roads;
At a minimum, all lots or parcels shall meet the lot or parcel size requirements for the zone in which they are located and the design requirements found in Article 71, unless a reduction or variance is granted pursuant to this code.
The proposed development does not conflict with legally established easements or access within or adjacent to the parcel configuration resulting from the subject property.
B.Criteria. The following criteria shall be reviewed for compliance: 1. Existing and planned infrastructure and public facilities and services are adequate to serve the proposed development (pursuant to a requirement contained in the county’s Transportation Systems Plan, or any other official document containing county road standards, the review body may control the location and number of vehicular access points, establish new streets, increase rightof way and road width, require curbs, sidewalks and traffic circulation features); 2. The carrying capacity of the subject property, as defined in Section 11.030, is adequate for the proposed density of development; 3. The land division is designed so that it coordinates efficiently with surrounding development patterns and existing and planned utilities, facilities and streets; 4. The land division is designed to adequately mitigate special environmental or social conditions (watershed, wetland, wildlife or plant habitat, or historic or archeology sites, etc.). Article 52.060 Tentative Plan Map Requirements
The tentative plan for partitions shall include the following information on the map or attached to the map on supplemental sheets as applicable:
Tentative plan maps shall be prepared at a scale so that all survey and mathematical information, and all other required details, will be clearly and legibly shown. The Planning Director may require the tentative plan map to be prepared by a surveyor or engineer licensed by the state of Oregon when accuracy is
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necessary to determine code compliance. The tentative plan map and/or attachments shall show all of the following applicable information:
In the case of a subdivision, the proposed name.
A caption clearly stating the map is a tentative plan.
North arrow, scale, date of application, and bases of bearing. Names, addresses and telephone numbers of the owner(s), and any participating engineer, surveyor, land planner, and/or landscape architect. The tract designation, tax lot description or other description according to the real property records of the Josephine County Assessor. Existing and proposedboundary lines (accurate in scale) of the tract to be developed. The scaled boundary lines, dimensions and acreages (to 100ths) for each of the proposed lots or parcels, and the lots or parcels shall be sequentially numbered.
A topographic map showing contour intervals (and indicating the source of the information), based on the overall difference in elevation in the proposed land division as listed in the following chart (all figures are in feet):
DIFFERENCE IN ELEVATION
2 TO 25 26 TO 50 51 TO 100 101 TO 200+
CONTOUR INTERVAL
2 5 10 10 open / 20 timber
The Director may waive or modify contour information required by the chart set out in H above when the land involved in the application does not exhibit significant changes in elevation or terrain.
The topographic map described in subsection H above shall highlight and distinguish each of the areas where the land:
1. Exhibits slopes in excess of 15% grade; 2. Is comprised of granitic soils per the Natural Resource Conservation Service’sSoil Survey for Josephine County; 3. Constitutes a known wetland area; and 4. Ascribe to these areas the percentage each comprises of the entire land covered by the tentative plan map (land excluded from mapping under Section 50.080 shall not be included in the calculation). The location, size and use of all existing structures within the area covered by the tentative plan.
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The name, width and location of all streets, street plugs, ways, easements and driveways within and adjacent to the area covered by the tentative plan. The location of section lines and special boundary lines (e.g., political subdivisions, school districts or other special districts).
The location of existing septic systems, sewer mains, water mains, drainage structures, irrigation and mining ditches, fire hydrants, culverts, underground utilities, and improvements within the land division or immediately adjacent, including associated structures.
All parcels of land intended to be dedicated for public use or reserved by deed for the use of all property owners in the proposed land division including the purpose of any conditions or limitations of the deed reservation.
The name of new streets; the approximate grades of all streets proposed and/or existing in the land division; and the approximate widths and locations of any proposed easements for cut and fill slopes, drainage, sewage disposal, and public utilities.
Typical crosssections of proposed streets, showing the location of all proposed utility improvements within the street rightofway and adjacent easements at a scale which will clearly show the details, as required by the County Engineer.
The location of all areas subject to inundation or storm water overflow, and the location, width, and direction of flow of all watercourses and natural drainage.
The proposed source of nonmunicipal domestic water supply, together with the location and type of storage and/or pumping facilities.
The location of existing wells on the property, together with information regarding water quantity and quality, and also together with data available from the Water Resource Department’s well logs concerning other existing wells in the vicinity.
The proposed method of sewage disposal. The following additional information shall be submitted as appropriate: 1. If the land division is to be served by a community sewer system, information must be submitted regarding the location of lines and the feasibility of collection. 2. If treatment is to be accomplished by an existing municipal or public sewage facility information regarding the ability of the existing facility to accommodate the projected increased load.
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If treatment is to be accomplished by a new installation or privately owned treatment facility, a statement regarding conformity to applicable regulations of the Oregon Department of Environmental Quality.
If the land division is to be served by a community collection and storage system, data shall be submitted regarding the location of all proposed lines, holding tanks, storage facilities, and pumping facilities. Information regarding the proposed removal and disposal of the sewage, the location of the pumping facility, eventual treatment, and the method of transport shall also be provided.
If the land division is to be served by subsurface sewage disposal, then some combination of the following information shall be submitted: a statement from a soil scientist demonstrating the
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suitability of the soils for subsurface disposal, or a septic site evaluation for a minimum of 25% of the lots, or 2 lots, whichever is greater, or copies of any existing septic system permits and subsequent repair records, if any exist.
Identify the source of any other public utilities involved in the land division. Proposed deed restrictions and/or conditions, covenants and restrictions (CC&Rs), if any. If the proposed land division is located within the boundaries of an irrigation district, identify the irrigation district involved and include copies of all appropriate easements.
The location of any known special hazards or conditions shall be depicted on the tentative plan map, and the application shall include a written plan(s) by a qualified expert(s) detailing the circumstances of the hazards or conditions and explaining how specific measures will adequately mitigate the hazards or conditions. Flood hazard areas shall be shown and identified by category on the plan, including base flood elevation data.
A statement from both the owner and the developer indicating that all known environmental hazards, such as unstable or erosive soils, flood water inundation, fire hazard, pollution, contamination or other similar hazards have been disclosed on the tentative plan.
The comprehensive plan and zone designations for the lots or parcels included with the land division property and on abutting lands;
A vicinity sketch meeting the following requirements: 1. The sketch shall either be a separate drawing or be drawn on the cover sheet of the tentative plan at a scale suitable for reproduction by copying.
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Show all existing and adjacent subdivisions, streets, tract lines of acreage parcels, names of the recorded owners of parcels of land immediately adjoining the proposed land division, and between the land division and the nearest existing or proposed public road.
The location of any areas subject to Deer, Wild and Scenic River, Airport and Mineral and Aggregate Overlay as described in Article 69.
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STATEM ENT O F INTEND ED W ATER USE
Name: _________________________________ Address: _________________________________ _________________________________ Phone: _________________________________
LAND USE PROPOSAL itDevelopment Perm Land Partition(# of Lots______) Subdivision (# of Lots_______) Planned Unit Development Property Line Adjustment Current Zoning:________________________ Are new lots being createdYesNo Will any lots be less than 1 acre in size?YesNo Which lot/parcel is the well(s) located?____________
Date: _________________, 20___
LE GA L: T ___ _, R ___ _, Se c__ __ ___ _, Tax Lot _______________
Home O ccupation Administrative Permit Conditional Use Permit Comp Plan & Zone C hange
DESCR IPTION OF W ATER USE (Describe the Use) How m any residential units will use water (# of units, single or multifamily)?________________ ________________________________________________________________________________
Will water be used to irrigate (lawn, garden, shrubs, fields)? ______________________________ ______________________________________ Total # of Acres Irrigated per Development_______
Will water be used for livestock (kind, #)? ______________________________________________ ________________________________________________________________________________
Will water be used for one of the following: (office, retail, motel)Comm ercial Industrial (manufacturing, heavy repair) Institutional (school, church)Recreation (park, campground, pond) partial hookup sites____ # full hookups____Other:_________________________ #
If so, please describe the use in detail:__________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Continue on ba ck . . . . . .
JOSEPHINE COUNTY PLANNING DEPARTMENT 700 NW Dimmick Street, Suite C, Grants Pass, OR 97526 (541) 4745421
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SOURCE OF WATER QUANTITY TO BE USED (Che ck A ll Tha t App ly) (Estimate) Surface Water Source (spring, stream, irrig _______ Gallons Per Minute district):___________________________ _______________________________________ _______ Gallons Per Day _______________________________________ _______________________________________ _______ Cubic Feet Per Second Reservoir or Pond:______________________ _______ Acre Feet Ground Water: Remarks: Individual Well(s) Shared Well(s) Community Well(s)(Indicate the # of wells:___________) Sump Municipal Supply Water Rights Yes (Certificate/Permit #__________) No Do Not Know ATTACH MAP SHOWING LOCATION OF EXISTING AND PROPOSED WELLS _____________________________________________ Signature of Applicant
Water Right RequiredYesNo
OFFICIAL USE ONLY –
Water Hazard Overlay Zone?YesNo Comment:___________________________________________ ________________________________________________________________________________________. Other Remarks:___________________________________________________________________________ ________________________________________________________________________________________. PUMP TEST REQUIRED?YesNo MajorMinor Other_______________________________________________. _________________________________________ Date: ___________________, 20____ Reviewed By
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