Chapter 17.52
SERIES PARTITIONED LAND
Sections:
17.52.030 Standards for services.
17.52.040 Special notice requirements.
17.52.050 Series partition conference.
17.52.060 Planning commission review factors.
17.52.070 Compliance with development guidelines.
17.52.005 Defined.
“Series partitioned land” means more than one partition of a parcel resulting in the creation of four or more parcels over a period of more than one year. (Ord. 19 Article 13, 2003)
17.52.010 Applications.
Within 30 days of receiving an application for a partitioning, the planning staff shall: determine the completeness of the application; research the parcel involved; and determine whether the parcel is series partitioned land or whether the partition will create a series partition.
(1) If the staff determines that a partition will be a series partition, the staff shall: make a determination that the application is not complete and require the applicant to submit an application for a series partitioning.
(2) All applications for series partitioning shall require a public hearing in front of the planning commission or other county court designated hearings officers and series partition review under Chapter 18.160 CCC. (Ord. 231 § 1 (Exh. A), 2010; Ord. 19 § 13.010, 2003)
17.52.020 Zones.
The series partitioning ordinance applies only to the creation of nonfarm parcels from lands zoned exclusive farm use (EFU2 and EFU3).
This chapter does not apply to the EFU1 zone.
(1) All parcels shall meet state and county standards for nonfarm parcels. Proof of septic feasibility and adequate roads shall be provided under the standards described in CCC 17.52.030.
(2) The series partitioning ordinance shall not be interpreted to permit land partitionings, structures, or densities that are in violation of other provisions of this title, CCC Title 18, or of any state law. (Ord. 19 § 13.020, 2003)
17.52.030 Standards for services.
(1) Roads.
(a) The planning commission may require roads to be dedicated as public access or impose other conditions to ensure public access.
(b) The planning commission may require roads to be built to county road standards or other standards suitable for the uses proposed.
(c) A roadway, which is serving one or two parcels and adjoins an existing public road, shall be considered a driveway and not subject to the requirements of this section. A county road access permit shall be required for road that adjoins an existing county road.
(d) A roadway serving three or more parcels shall be subject to all of the requirements of this section.
(2) Septic.
(a) The applicant shall provide proof of septic feasibility through conformance with county and state septic feasibility guidelines when their application is submitted to the planning department.
(b) The applicant shall purchase a septic installation permit prior to applying for a building permit. (Ord. 19 § 13.030, 2003)
17.52.040 Special notice requirements.
In addition to the applicable public notice requirements of ORS 215.223 and 215.503, notice of a series partition application and hearing shall be sent to:
(1) County counsel.
(2) County roadmaster.
(3) County sheriff.
(4) Fire chief.
(5) County sanitarian.
(6) County assessor.
(7) Public utilities.
(8) Irrigation districts.
(9) School districts.
(10) DEQ (if more than two parcels created).
(11) ODOT (if parcels adjoin a state highway).
(12) Post office. (Ord. 19 § 13.040, 2003)
17.52.050 Series partition conference.
The series partition applicant and/or their representative shall schedule a meeting with the planning director prior to the application being submitted to the planning commission. (Ord. 19 § 13.050, 2003)
17.52.060 Planning commission review factors.
In reviewing an application for a series partition the planning commission shall consider the following factors:
(1) Plat requirements.
(2) Conformance with the zoning ordinance.
(3) Proof of adequacy of the existing or proposed sewage disposal system to support the projected population; or in the event that subsurface sewage disposal is provided for any or all of the soil for proper long-term support of such a system(s).
(4) Adequacy of existing public services in the area of the proposed development to serve the increased population resulting from the development, to include: police and fire protection, public and private road networks, parks and recreational facilities, and open space.
(5) Effect of the development on the scenic or natural beauty of the area, historic sites or rare and irreplaceable natural areas.
(6) Location of the development in relation to industrial operations, livestock feedlots, solid waste disposal sites, mining and quarrying operations, public and private use airports, and other possible conflicting uses, particularly agricultural and forestry uses.
(7) Possible adverse effects on the development caused by natural hazards, such as floods, landslides, faults, etc.
(8) Possible adverse effects of the development on adjacent or area agricultural, grazing, forest, or industrial lands and operations.
(9) Design and development standards to ensure the retention of the maximum feasible amount of vegetation and other natural amenities.
(10) Potential environmental damage to fish, wildlife, or their habitat.
(11) Possible conflicts with the public easements.
(12) Unusual conditions of the property involved such as high water table, slope, bedrock, or other topographic or geologic conditions, which might limit the capability to build on the land using ordinary and reasonable construction techniques.
(13) Marketable title or other interest contracted for.
(14) Adequate financial arrangements for on-site and off-site improvements proposed or required.
(15) Evidence that each and every parcel can be used for the purpose for which it is intended and to be offered.
(16) Agreements or bylaws to provide for management, construction, maintenance, or other services pertaining to common facilities or elements of the development.
(17) Protective covenants and/or deed restrictions.
(18) The comments and testimony of all parties, subject to CCC 17.52.040, shall be considered. (Ord. 19 § 13.060, 2003)
17.52.070 Compliance with development guidelines.
Series partitioning shall comply with all applicable standards in Chapters 17.32, 17.36 and 17.40 CCC. (Ord. 19 § 13.070, 2003)