Division V. Land Divisions
Chapter 19.50
BASIC PROVISIONS
Sections:
19.50.020 Types of land divisions.
19.50.030 Application procedures.
19.50.040 Land division review.
19.50.050 Tentative plan review standards and criteria.
19.50.060 Tentative plan map requirements.
19.50.070 Survey requirements.
19.50.080 Exclusion of contiguous property from maps.
19.50.090 Modifications of conditions of approval.
19.50.100 Time limits and extensions.
19.50.010 Purpose.
The purpose of this division is to provide a comprehensive listing of the procedures, standards and criteria applicable to all land division applications. Other chapters in this division dealing with subdivisions, land partitions, replats, property line adjustments and planned unit development subdivisions shall supplement the provisions of this chapter by providing special procedures, standards and criteria unique to the specific land division application being described there. [2005 RLDC § 50.010.]
19.50.020 Types of land divisions.
A. The term “land division” shall include the following land use procedures:
1. Subdivisions.
2. Land partitions.
3. Replats.
4. Property line adjustments.
5. Planned unit development subdivisions.
B. In addition to tentative plan requirements, all land divisions shall comply with the standards set out for final platting (Chapter 19.56 JCC) and monumentation (Chapter 19.57 JCC), and ORS Chapter 92. [2005 RLDC § 50.020.]
19.50.030 Application procedures.
A. All requests for land divisions shall be initiated by filing an application on forms provided by the Director, together with the appropriate fee, and shall otherwise comply with review procedures (Division II of this title) and application procedures (Division IV of this title), as applicable. All applications shall be accompanied by at least two prints of the tentative plan sized for recording and one eight and one-half by 11-inch file copy. The application shall also be accompanied by a written statement and other appropriate supporting evidence and/or documentation demonstrating how the request satisfies the criteria as set forth in JCC 19.50.050(B).
B. In granting tentative approvals, the Review Body shall specify a clear, accurate and complete list of the conditions which must be met in order to obtain final approval. The conditions shall be separately captioned and numbered in the findings of decision and each condition shall include a citation to the County code provision, other officially adopted County ordinance, policy or technical publication, or state or federal rule or law, that authorizes the condition.
C. As a condition of tentative approval, the Review Body may require the owner to transfer land, or an interest therein, to the public, or to provide on-site facilities or to improve on-site facilities, or to perform other acts required to protect the general public, health, safety and welfare of the citizens of the County. This authority extends to the on-site dedication of lands for streets, sewers, storm drains, utilities, hazard mitigation, protection of the environment or other similar facilities or purposes, as well as the provision of or improvement to off-site facilities and/or services. The findings of the Review Body shall include the following information regarding each such condition:
1. A description of the legitimate public interest or interests to be advanced by the condition; and
2. A description of how the development will adversely impact the legitimate public interest or interests; and
3. Demonstrate how the required condition is reasonably related (roughly proportional) to the protection or advancement of such interests.
D. A tentative plan for subdivisions may be approved for development in phases whenever the Review Body determines each phase fully meets the requirements of this title independent of the completion of subsequent phases. The tentative plan shall show all of the phases of development, and the plan for each phase shall meet the tentative mapping requirements of JCC 19.50.060. In approving the phases, the Review Body may impose conditions which reasonably assure the efficient continuation or termination of public facilities. All phases must be completed within the permit life of the tentative approval, to include authorized extensions.
E. When a land division application involves the creation of lots or parcels which were improperly formed without the approval of the County, the Director shall consider and may approve the application notwithstanding that less than all of the owners of the existing legal lots or parcels have applied for the approval.
F. The approval of tentative plans for subdivisions (Chapter 19.51 JCC), partitions (Chapter 19.52 JCC), replats (Chapter 19.53 JCC) and planned unit development subdivisions (Chapter 19.55 JCC) shall be binding upon the parties to the application, including Josephine County, regarding the preparation and approval of final plats, to the extent such approvals conform to state or local law. After approval of the tentative plan, the applicant shall prepare a final plat in conformance with the tentative plan, and Chapter 19.56 JCC (Final Plats) and Chapter 19.57 JCC (Monumentation).
G. In the event a land division is developed contrary to tentative plan approval, or any improvements required by this title are not completed at the specified time, the Director is authorized to revoke tentative or final plan approvals pursuant to the procedures contained in JCC 19.41.040. [2005 RLDC § 50.030.]
19.50.040 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 Chapter 19.21 JCC (Pre-Application Review) and Chapter 19.22 JCC (Permit Review Procedures), the Director may take the following steps once a land division application is deemed complete and the fee paid and received:
1. 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.
2. 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 Chapter 19.32 JCC for quasi-judicial applications.
3. In addition to the review procedures, review standards and criteria, mapping, survey and other requirements specified in this chapter, land division applications shall be governed by the further applicable requirements as set forth in the following chapters of this division.
4. 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 JCC 19.50.030(B), (C) and (D). 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 No. 96-52. The planner shall report the recommended conditions to the Director.
5. Upon receipt, the Director shall review the report to determine the conditions which are to be attached to the approval or recommended to the Hearing Body. Any approval issued by the Director which incorporates conditions based upon the review of criteria shall utilize quasi-judicial review procedures. Approvals incorporating conditions based upon the review of standards only shall utilize ministerial review procedures. Review procedures are described in Chapter 19.22 JCC (Permit Review Procedures). [2005 RLDC § 50.040.]
19.50.050 Tentative plan review standards and criteria.
In addition to the requirements of Division VII (General Development Standards) and Division VIII of this title (Public Facility 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:
1. All lots or parcels affected by the land division are authorized.
2. 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.
3. 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 Chapter 19.69A JCC (Flood Hazard Overlay), Chapter 19.76 JCC (Wildfire and Emergency Safety Standards) and Chapter 19.83 JCC (Erosion Control and 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.
4. Other development standards contained within this title and all other applicable master plans, rules, resolutions, ordinances, codes, technical manuals and policies of the County or the state or federal government.
5. 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.
6. 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 Chapter 19.71 JCC, unless a reduction or variance is granted pursuant to this title.
7. 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;
2. The carrying capacity of the subject property, as defined in JCC 19.11.050, 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 archaeological sites, etc.). [2005 RLDC § 50.050.]
19.50.060 Tentative plan map requirements.
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 necessary to determine code compliance. The tentative plan map and/or attachments shall show all of the following applicable information:
A. In the case of a subdivision, the proposed name.
B. A caption clearly stating the map is a tentative plan.
C. North arrow, scale, date of application, and basis of bearing.
D. Names, addresses and telephone numbers of the owner(s), and any participating engineer, surveyor, land planner, and/or landscape architect.
E. The tract designation, tax lot description or other description according to the real property records of the Josephine County Assessor.
F. Existing and proposed boundary lines (accurate in scale) of the tract to be developed.
G. The scaled boundary lines, dimensions and acreages (to hundredths) for each of the proposed lots or parcels, and the lots or parcels shall be sequentially numbered.
H. A topographic map showing contour intervals if it will help assess the review (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 |
CONTOUR INTERVAL |
|---|---|
|
2 to 25 |
2 |
|
26 to 50 |
5 |
|
51 to 100 |
10 |
|
101 to 200+ |
10 open/20 timber |
I. The Director may waive or modify contour information required by the chart set out in subsection (H) of this section when the land involved in the application does not exhibit significant changes in elevation or terrain.
J. The topographic map described in subsection (H) of this section shall highlight and distinguish each of the areas where the land:
1. Exhibits slopes in excess of 15 percent grade;
2. Is comprised of granitic soils per the Natural Resource Conservation Service’s “Soil 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 JCC 19.50.080 shall not be included in the calculation).
K. The location, size and use of all existing structures within the area covered by the tentative plan.
L. 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.
M. The location of section lines and special boundary lines (e.g., political subdivisions, school districts or other special districts).
N. 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.
O. 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.
P. 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.
Q. Typical cross-sections of proposed streets, showing the location of all proposed utility improvements within the street right-of-way and adjacent easements at a scale which will clearly show the details, as required by the County Engineer.
R. 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.
S. The proposed source of nonmunicipal domestic water supply, together with the location and type of storage and/or pumping facilities.
T. 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.
U. 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.
3. 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.
4. 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.
5. 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 suitability of the soils for subsurface disposal, or a septic site evaluation for a minimum of 25 percent of the lots, or two lots, whichever is greater, or copies of any existing septic system permits and subsequent repair records, if any exist.
V. Identify the source of any other public utilities involved in the land division.
W. Proposed deed restrictions and/or conditions, covenants and restrictions (CC&Rs), if any.
X. 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.
Y. 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.
Z. A statement from both the owner and the developer indicating that all known environmental hazards, such as unstable or erosive soils, floodwater inundation, fire hazard, pollution, contamination or other similar hazards have been disclosed on the tentative plan.
AA. The comprehensive plan and zone designations for the lots or parcels included with the land division property and on abutting lands;
BB. 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.
2. 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.
CC. The location of any areas subject to deer, wild and scenic river, airport and mineral and aggregate overlay as described in Chapter 19.69 JCC. [Amended by Planning Director, 10-28-16; 2005 RLDC § 50.060.]
19.50.070 Survey requirements.
All lots or parcels created or involved in a land division that are 10 acres or smaller shall be surveyed in accordance with the requirements for the setting of monuments as contained in Chapter 19.57 JCC and applicable state laws, with the exception of a common boundary in a subdivision or partition only, and the adjusted property line is a distance of even width along the common boundary. An exemption to surveying does not waive the requirement for a final plat prepared by a surveyor licensed by the state of Oregon. [2005 RLDC § 50.070.]
19.50.080 Exclusion of contiguous property from maps.
All contiguous property under common ownership at the beginning of any calendar year (other than existing platted lots or authorized parcels) shall be considered as one property for determining what lands are covered by the land division, and whether the division constitutes a partition or subdivision. However, for mapping purposes only, a developer may elect to exclude a portion of contiguous property from the tentative and final maps when all of the following requirements are met:
A. The area to be excluded from the tentative or final map is greater than one acre in size;
B. The excluded area has already been developed or is being reserved for future development; and
C. The excluded area has separate access meeting the minimum requirements of this title, and does not otherwise depend on access from any new street or road in the land division. [2005 RLDC § 50.080.]
19.50.090 Modifications of conditions of approval.
A. The property owner or the owner’s representative may request the modification of a condition or conditions of approval for a tentative plan before or after final plat. The request must be in writing and shall identify the specific condition or conditions to be modified and explain the reasons or circumstances giving cause for modification.
B. Requests for modification of conditions of approval for tentative plans, except tentative plans for property line adjustments approved using ministerial procedures, shall be processed using quasi-judicial review procedures as set forth in JCC 19.22.040. The Planning Director shall be the Review Body in all cases. Requests for modification of conditions for property line adjustments shall be processed using ministerial review procedures as set forth in JCC 19.22.030 and shall be accompanied by a pre-application fee. Requests for modification using quasi-judicial procedures shall be accompanied by fees for standards only site plan review and renoticing.
C. Notwithstanding subsection (B) of this section, the Planning Director is authorized to refer any request for modification of a condition of approval to a Hearing Body for decision. Requests referred to a public hearing shall require a fee equivalent to the original application fee. [Ord. 2010-001 § 1; 2005 RLDC § 50.120.]
19.50.100 Time limits and extensions.
A. An approved tentative plan is valid for six years from the date of approval. During this time improvements must either be completed or suitably guaranteed, and a final plat and final plat review fee must be submitted. If the improvements are not completed or suitably guaranteed and a final plat and final plat review fee are not submitted, the tentative plan approval shall be void, unless an extension or extensions are obtained as provided in subsection (B) of this section.
B. An extension of the tentative plan approval may be granted for one additional two-year period by the Planning Director in accordance with JCC 19.41.030. A second two-year extension may also be granted for tentative plans, also in accord with JCC 19.41.030, except total permit life may not exceed 10 years.
C. A decision by the Planning Director to grant or not grant an extension shall be processed using ministerial review procedures as set forth in JCC 19.22.030. The Planning Director is authorized to refer any request for an extension to a Hearing Body for a decision. Requests referred to a public hearing shall require a fee equivalent to the original application fee.
D. The applicant may appeal the Planning Director’s decision not to allow an extension subject to the rules and procedures for the appeal of Planning Director decisions as set forth in JCC 19.33.070. [Ord. 2022-010 § 1; Ord. 2010-001 § 1; 2005 RLDC § 50.130.]