Chapter 17.24
LAND PARTITIONING
Sections:
17.24.010 Applicability of regulations.
17.24.020 Filing procedures and requirements for land partitioning.
17.24.030 Requirements for approval.
17.24.040 Additional factors to be considered.
17.24.050 Improvement requirements.
17.24.060 Final map for partitioning.
17.24.080 Special partitioning and property line adjustment regulations.
17.24.090 Land partitioning in non-EFU zones within the urban growth boundary.
17.24.110 Land partitioning for farm or forest use.
17.24.010 Applicability of regulations.
All land partitionings with the county shall be approved by the county planning commission, county planning director, and/or a designated official thereof. Said approvals shall only be granted in accordance with the provisions of this title and more particularly this chapter. (Ord. 19 § 5.010, 2003)
17.24.020 Filing procedures and requirements for land partitioning.
Any person proposing a land partitioning, or his authorized agent or representative, shall prepare and submit five copies of the tentative plan for the proposed partitioning together with an application for partitioning and the appropriate filing fee to the county planning department at least 30 days prior to the commission meeting at which consideration is desired, except as otherwise provided in this chapter.
The tentative plan for partitioning, when submitted, 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.
(2) A plan of the proposed partitioning showing tract boundaries and dimensions, the area of each tract or parcel, and the names, right-of-way widths, and improvement standards of existing roads.
(3) Names and addresses of the land owner, the partitioner, a mortgagee if applicable, and the engineer or surveyor employed or to be employed to make necessary surveys and prepare the legal descriptions of each parcel to be created.
(4) A statement regarding contemplated water supply, sewage disposal, solid waste disposal, fire protection, access, etc.
(5) North point, scale and date or map, and property identification by tax lot, section, township and range.
(6) Statement regarding past, present and intended use of the parcel(s) to be created, or the use for which the parcel(s) are to be offered.
(7) Where a tract of land is within the boundaries of an irrigation district, an application for partitioning of the tract 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 watermaster or his representative serving the Crook County area.
(8) Legal access to the proposed parcels. (Ord. 231 § 1 (Exh. A), 2010; Ord. 19 § 5.020, 2003)
17.24.030 Requirements for approval.
No application for partitioning shall be approved unless the following requirements are met:
(1) Proposal is in compliance with the comprehensive plan.
(2) Proposal is in compliance with the applicable zoning.
(3) An approved water rights division plan. (Ord. 19 § 5.030, 2003)
17.24.040 Additional factors to be considered.
In addition to the requirements set forth in CCC 17.24.030, the following factors may be considered by the commission for approval or disapproval of an application for land partitioning:
(1) Placement and availability of utilities.
(2) Safety from fire, flood, and other natural hazards.
(3) Adequate provision of public facilities and services.
(4) Possible effects on natural, scenic and historical resources.
(5) Need for on-site or off-site improvements.
(6) Need for additional setback, screening, landscaping, and other requirements relative to the protection of adjoining and area land uses. (Ord. 19 § 5.040, 2003)
17.24.050 Improvement requirements.
In the approval of a land partitioning, the commission 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. (Ord. 19 § 5.050, 2003)
17.24.060 Final map for partitioning.
Following approval of the tentative plan for a proposed partitioning, the person proposing the subject partitioning shall prepare and submit to the planning director the final map for the subject partitioning. Such filing shall be completed within two years from the date of the commission action or the approval of the partitioning shall expire, except that one-year extensions of the approval may be granted as planning director decisions pursuant to CCC 18.172.060(2). The final map shall be prepared in accordance with the following requirements, seven copies thereof submitted to the planning director for approval, with the original recorded in the office of the county clerk following approval by the planning director. The planning department may require additional copies.
(1) The final map shall meet the following requirements:
(a) Shall be drawn to a scale of one inch equals 100 feet or as approved by the county surveyor.
(b) Name of the owner, developer, and surveyor shall be shown on the map.
(c) Date, scale, north point, legal description of parcel(s), boundaries, and a tie by actual survey to a section corner pursuant to Chapter 92 ORS for partitions requiring a survey.
(d) Parcel boundary lines, with dimensions and bearings; bearings shall be to the nearest 30 seconds, and distances to the nearest 0.01 feet. The area of each parcel shall be shown.
(e) An affidavit by the surveyor having surveyed the land involved in the partitioning.
(f) A certification of any public dedication.
(g) A guarantee of proposed or required improvements.
(h) A certification of approval for execution by the planning director.
(i) Water right to be assigned to each parcel shall be indicated on the map and certification of approval thereof, by the district watermaster and/or irrigation district manager if located therein.
(j) The county assessor’s certification that the property has been removed from farm deferral if required and all other ad valorem taxes, special assessments and other charges have been paid.
(k) The county treasurer’s certification that all taxes have been paid.
(l) The source of title for the real estate, tax map and tax lot numbers for the property subject to the partitioning.
(2) Approval Requirements. No final map for a land partitioning shall be approved by the planning director unless all of the following requirements are met:
(a) The final map is in strict conformance with the tentative plan approved by the commission.
(b) The final map is in strict conformance with the requirements set forth in subsection (1) of this section.
(c) Access is guaranteed to each parcel.
(d) Each parcel is approved for subsurface sewage disposal if applicable to the intended or offered use.
(e) All required public utilities are available.
(f) All conditions of the tentative plan approval have been met or guaranteed.
(g) A guarantee of all proposed or required improvements has been submitted and approved or such improvements completed and approved as set forth by the commission. (Ord. 216 §§ 1, 3, 2009; Ord. 19 § 5.060, 2003)
17.24.070 Appeals.
An appeal of a decision or requirement of the commission, planning director, or planning department relative to a land partitioning shall be made in accordance with the provisions of Chapter 17.48 CCC. (Ord. 216 § 3, 2009; Ord. 19 § 5.070, 2003)
17.24.080 Special partitioning and property line adjustment regulations.
(1) The partitioning of a tract of land in which not more than one parcel is created and said parcel is being transferred to a public or semipublic agency for the purpose of a road, railroad, or canal right-of-way may be approved by the planning department and a filing fee shall be required. No survey shall be required unless otherwise ordered by the county court.
(2) The property line adjustment of a parcel by the relocation or elimination of all or a portion of the common property line between abutting properties that does not create an additional lot or parcel and either parcel is not reduced below the minimum lot size established by the applicable zoning ordinance, and that there are no dwellings or other structures located within the area involved in the adjustment, may be approved by the planning department. On land zoned for exclusive farm use, forest use or mixed farm or forest use the requirements of ORS 92.192(3) must also be met. A filing fee shall be required. A survey may not be required by the planning department and the county surveyor for parcels that can be legally described by aliquot part.
(3) The partitioning of a parcel by the adjustment of the lot line where the adjustment crosses the boundary of a legally platted subdivision may be allowed by the planning department; provided, that the applicant meets all requirements set forth in subsection (2) of this section and the applicant agrees to deed restrictions that will ban additional dwellings on the parcel. A filing fee shall be required. Proof of a deed restricting shall be required prior to approval. A survey may be required pursuant to ORS 92.050, 92.180 and 92.190. (Ord. 231 § 1 (Exh. A), 2010; Ord. 19 § 5.080, 2003)
17.24.090 Land partitioning in non-EFU zones within the urban growth boundary.
(1) An application for a land partitioning involving land that is located within the urban growth boundary shall be submitted to the planning department. Such applications may be approved or denied by the planning director pursuant to the provisions of this title, this chapter and more specifically this section, or at the discretion of the director may be referred to the commission for approval or denial. No land partitioning application submitted under this section may be approved by the director unless in compliance with the following criteria.
(2) An application for a land partitioning submitted pursuant to this section shall not be approved by the director unless the director finds that:
(a) The partitioning is in compliance with the comprehensive plan and applicable policies thereof.
(b) The partitioning and intended use of each parcel is in compliance with the applicable zoning.
(c) Each parcel is suited for the use intended or offered, and that for any use requiring sewage disposal that provisions for such are approved.
(d) Access is guaranteed to each parcel.
(e) All required public services and facilities are available and adequate, or are proposed to be provided by the applicant and a guarantee to such is provided.
(f) Proposal will not have any adverse impacts on adjoining or area land uses, public services and facilities, and natural resource carrying capacities.
(g) The final map is prepared and submitted in compliance with CCC 17.24.060. (Ord. 19 § 5.090, 2003)
17.24.110 Land partitioning for farm or forest use.
(1) An application shall be submitted to the planning department for a land partitioning creating not more than two parcels, none of which are less than 160 acres in EFU-1 and EFU-3 zones, or 80 acres in EFU-2 and F-1 zones; and are to be used exclusively for farm or forest use. Such applications shall be submitted to the planning department and may be approved or denied by the planning director pursuant to the provisions of this title, this chapter, and more specifically this section; or, at the discretion of the director, may be referred to the planning commission for approval or denial.
(2) An application for a land partitioning submitted pursuant to this section shall not be approved by the planning director unless the director finds that:
(a) The partitioning is in compliance with the comprehensive plan.
(b) The partitioning and intended parcel use is in compliance with the applicable zoning.
(c) The intended use of the parcel being created, present and future, is for farm or forest use only.
(d) The final map is prepared and submitted in compliance with CCC 17.24.060. (Ord. 231 § 1 (Exh. A), 2010; Ord. 19 § 5.110, 2003)