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.]

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.]

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.]

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.]

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.]

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):

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.]

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.]

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.]

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.]

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.]

The purpose of this chapter is to ensure that the subdivision of land in Josephine County complies with the requirements of state law and this title. It shall therefore be the requirement that no person, agent, or corporation shall divide or sell any lot in any subdivision unless the lot is created in conformance with the requirements for tentative plan and final plat approvals as contained in this title. The term “subdivision” shall mean the subdividing of land as defined in JCC 19.11.210 and ORS Chapter 92. [2005 RLDC § 51.010.]

A. Review Authority.

1. Planning Director Review. The Director shall review and approve or deny tentative plans for subdivisions using quasi-judicial review procedures as set forth in Chapter 19.22 JCC when all of the following circumstances exist:

a. The subdivision will create nine or fewer lots; and

b. The lots resulting from the subdivision, and contiguous lots or parcels in common ownership, are not capable of further division under existing zoning; and

c. The subdivision does not create a through and/or connecting street or road (street plugs shall not be considered a street or road for the purpose of applying this rule); and

d. Less than 50 percent of the land in the subdivision has slopes greater than 15 percent or contain granitic soils (property excluded from the tentative map under JCC 19.50.080 shall not be included in this calculation); and

e. Less than 50 percent of the lots created in the subdivision will have building sites located within a flood hazard area (property excluded from the tentative map under JCC 19.50.080 shall not be included in this calculation).

2. Planning Commission Review. The Planning Commission shall review and approve or deny all other tentative plans for subdivisions using quasi-judicial review procedures as set forth in Chapters 19.22 and 19.24 JCC. [2005 RLDC § 51.020.]

The following basic application and process requirements for land divisions as set forth in Chapter 19.50 JCC (Basic Provisions) shall apply to subdivisions:

A. Application procedures (JCC 19.50.030);

B. Land division review (JCC 19.50.040);

C. Tentative plan review standards and criteria (JCC 19.50.050);

D. Tentative plan map requirements (JCC 19.50.060);

E. Survey requirements (JCC 19.50.070);

F. Exclusion of contiguous property from maps (JCC 19.50.080);

G. Modifications (JCC 19.50.090);

H. Time limits and extensions (JCC 19.50.100). [2005 RLDC § 51.040.]

A. After approval of the tentative plan by the Review Body but prior to any construction within a subdivision, the applicant shall submit to the County Engineer the following information prepared under the direction of a professional land surveyor or professional engineer licensed by the state of Oregon, as appropriate:

1. A plan and profile on 24-inch by 36-inch sheets showing the following:

a. Width of the proposed dedication throughout the length of the proposal;

b. Centerline alignment showing P.C. and P.T. stationing on all curves, necessary curve data, and bearings of tangents;

c. Ground line and grade line profile on the centerline of the proposed street or road;

d. Vertical curve data showing P.I. elevations and stations, length of vertical curve and tangent;

e. Earthwork distribution (only when the developer proposes to bond or provide other financial guarantee for construction of roads for approval of the subdivision plat);

f. Typical road section(s) showing structural section and dimensions;

g. Drainage and culvert design and location, and typical ditch section;

h. Show the limits of all protected areas and the methods for protection, such as fencing or buffers.

2. Cross-sections:

a. Shall be platted on rows of 10 on standard cross-section paper;

b. Computed cross-section printouts may be submitted in lieu of platted cross-sections;

c. Shall show proposed widened cuts or fill if these are needed for material balance.

3. Sheets and drawing showing the following:

a. Ties to section corners or donation land claim corners;

b. Ties to existing monuments, proposed monuments, adjacent subdivisions, street corners, and state highway stationing.

4. Plans detailing the following information as required by the tentative plan approval, together with cost estimates if bonding is proposed or required:

a. Provisions for road construction, installation of utilities, and scheduling of work will be provided by the developer prior to construction;

b. Site grading and drainage plans with calculations;

c. Erosion control plans;

d. Construction details, notes and specifications;

e. Sewer plans meeting requirements of any service district in which the subdivision is located.

5. Letters of acknowledgment of riparian, wetland or floodway mitigation plans.

B. After approval of the tentative plan but prior to any construction, the applicant shall submit to the drinking water section of the Oregon State Health Division the plans and profiles of any proposed water distribution system showing the location of any valves, fire hydrants, or storage facilities for approval. If required by the Review Body, water systems shall be designed to provide fire flow capacity meeting standards established by the state Fire Marshal. [2005 RLDC § 51.090.]

Subject to all of the detailed requirements of ORS 92.427, and the further process and mapping requirements contained in this chapter for the preparation and approval of tentative plans for subdivisions, the Review Body shall approve a tentative plan for the conversion of an existing manufactured dwelling park to planned community subdivision of manufactured dwellings when all of the following requirements are met:

A. The park is in compliance with the County’s standards for a manufactured dwelling park, or a mobile home park, or is an approved nonconforming use. For the purposes of this subsection, a park is in compliance if the County has not issued a written notice of noncompliance as of July 2, 2001; and

B. Except as provided in this subsection, the tentative plan does not make changes from the approved manufactured dwelling park or mobile home park development, including but not limited to increasing or decreasing the number of lots as defined in ORS 446.003, or changing the external boundary lines or setback requirements. The tentative plan may provide for a reduction in the number of lots, if the reduction involves only lots that have never been used for placement of manufactured dwellings; and

C. The tentative plan restricts the use of lots in the subdivision to the installation of manufactured dwellings and restricts any other property in the subdivision to use as common property as defined in ORS 94.550 or for public purposes; and

D. The tentative plan does not contain conditions of approval or require development agreements except the original conditions of approval and development agreements contained in the original approval for the park or conditions required by ORS 92.830 to 92.845; and

E. The property owners applying for the conversion have signed and recorded a waiver of remonstrance in a form approved by the County, for the formation of a local improvement district by a city or county. The waiver shall apply only to sanitary and storm sewers or water facilities and operate only if the County determines after a hearing that the absence or inadequacy of those sewers or facilities is an immediate danger to life, health or safety; and

F. The tentative or final plat approvals shall not contain conditions of approval or require development agreements except the original conditions of approval and development agreements contained in the original plat for the park or conditions required by ORS 92.830 to 92.845. [2005 RLDC § 51.095.]

Cluster subdivisions shall follow the same platting procedures outlined in this chapter, except as herein provided. JCC 19.51.070 regulates the number of lots that can be created on any given parcel of land through a practice called “density management.” However, in some cases, the number of lots can be increased when the development is designed as a cluster subdivision. Cluster subdivisions promote open space and contiguous lots. Lots in a cluster subdivision shall only be used for dwelling purposes and shall not be used for nonfederally approved farm uses, said farm use not to exceed 10,000 square feet; home occupations; or other commercial purpose. Cluster subdivisions are more suitable in areas where public sewer and water is not available. Density management and cluster subdivisions shall only be applicable in the following zoning districts:

A. Rural residential – one acre;

B. Rural residential – two and one-half acres;

C. Rural residential – five acres;

D. Serpentine;

E. Limited development;

F. Community residential – two acres;

G. Community residential – five acres. [Ord. 2018-003 § 1; 2005 RLDC § 51.100.]

A. Base Development Yield. The base development yield shall establish the maximum number of lots, which may be created in a given residential cluster subdivision, intended for existing and future residential dwelling units.

1. Rounding Rule for Calculations. The following rounding rule shall be applied to all calculations of standards and requirements in this section unless otherwise specifically provided herein:

a. For acreages, fractional values of five or greater shall be rounded up to the nearest whole unit, fractional values of four or less shall be rounded down to the nearest whole unit.

b. For base development yield, fractional values shall be rounded down to the nearest whole unit.

2. For the purpose of computing the base development yield, the number of lots for residential dwelling units on a parcel to be subdivided shall be determined in accordance with the following:

a. The base development yield shall be determined by dividing the acreage of the original tract by the maximum residential density permitted in the zoning district where the original tract is located.

b. The base development yield shall be determined by dividing the acreage of the original tract by the maximum residential density, exclusive of road rights-of-way, as follows:

[1] Rural residential – one acre: two acres;

[2] Rural residential – two and one-half acres: two and one-half acres;

[3] Rural residential – five acres: five acres;

[4] Serpentine: five acres;

[5] Limited development: twenty acres;

[6] Community residential – two acres: two acres;

[7] Community residential – five acres: five acres.

3. Where the original tract contains multiple differing maximum residential densities, the base development yield shall be determined by calculating the density for each portion individually with said base development yield applied to its portion.

4. The base development yield may be increased in accordance with subsection (B) of this section, Cluster Subdivision Density Bonuses.

5. In no case shall a lot be less than two acres in size.

B. Cluster Subdivision Density Bonuses.

1. Cluster subdivision density bonuses shall apply exclusively to those subdivisions developed in accordance with this section.

a. Where all lots of the subdivision are not located on prime farmland, a density bonus of two points shall be granted.

b. For subdivisions where a portion thereof lies in a floodplain, and no portion of the lots in the subdivision are located in a floodplain, a density bonus of two points shall be granted.

c. For subdivisions where a portion thereof is on a slope greater than 15 percent, and no portion of the lots in the subdivision are on a slope greater than 15 percent, a density bonus of two points shall be granted.

d. For subdivisions where a portion thereof has granitic soils, and no portion of the lots in the subdivision have granitic soils, a density bonus of two points shall be granted.

e. Where a deed restriction is provided on each lot requiring the installation of shared sanitary sewage and water facilities for all the lots together within the subdivision, a density bonus of four points shall be granted.

f. Where a new residential road servicing all lots of the subdivision is included on the plat, a density bonus of four points shall be granted.

g. Where the open space is contiguous to other deeded open space, a density bonus of four points shall be granted.

2. Every four points earned with the density bonuses listed in subsection (B)(1) of this section shall equal one additional lot (density bonus) to the base development yield.

3. The number of density bonus lots included on a plat shall not exceed the number of nonbonus lots on said plat. [Ord. 2018-003 § 1; 2005 RLDC § 51.105.]

A. Applicability. A cluster subdivision is a residential land division creating four or more lots in a calendar year from the parent parcel.

B. Size and Open Space.

1. No more than 50 percent of the gross acreage of the subdivision shall be dedicated to lots. The remaining acreage shall be owned and maintained as open space in accordance with JCC 19.51.090, Ownership and maintenance of open space and common facilities.

2. The owner(s) of any land that is divided pursuant to any of the provisions contained in this section shall sign and record in the deed records for Josephine County a statement that declares the owner(s) will not complain in the future about accepted farming or forest practices on adjacent open spaces devoted for farm or forest use.

C. Siting Standards.

1. The clustering parcels shall be contiguous to one another.

2. Whenever possible, open space shall connect with existing or potential open space lands on adjoining parcels and recreational trails and other public spaces.

3. Lots in a cluster subdivision shall be sited to achieve the following goals to the best extent practicable:

a. Minimize impact to prime farmland and large tracts of land in agricultural use, and avoid interference with normal agricultural practices.

b. Prevent negative impacts to groundwater.

c. Minimize disturbance to woodlands, wetlands, grasslands, and mature trees.

d. Protect archaeological sites and existing historic buildings or incorporate them through adaptive reuse.

e. Protect scenic views.

f. Prevent negative downstream impacts due to runoff by using adequate on-site stormwater management practices.

g. Allow adequate width and lot area to accommodate one single-family dwelling of at least 1,200 square feet, freestanding garage, drainfield, and replacement drainfield.

h. Upon development of 50 percent of the parcels, the subdivision shall be recognized as a Firewise Community by the National Fire Prevention Association.

D. Open Space Design.

1. The open space required in subsection (B) of this section may be individually owned by the owner of the parent parcel. The minimum open space required in subsection (B) of this section shall be owned and maintained under one of the alternatives listed in JCC 19.51.090, Ownership and maintenance of open space and common facilities, as approved by the Director.

a. The open space shall be accessible to the residents of the development except if the open space is individually owned by the owner of the parent parcel.

b. The open space may also be available to the general public, providing the proper approvals are received by the landowners and/or association.

c. The required open space shall be undivided and restricted in perpetuity from future development and maintained as specified in JCC 19.51.090(C), Maintenance Plan. The final plat shall carry language indicating the open space shall not be further subdivided or developed with nonfarm or habitable structures.

2. The following uses or structures may be located within the open space area and shall be counted toward the overall open space percentage required in subsection (B) of this section:

a. Parking areas for public access to the open space.

b. Privately held buildings or structures, provided they are accessory to the use of the open space. Privately held agricultural buildings and structures associated with the continued agricultural use of the parent parcel shall be allowed on the open space, provided they are set back a minimum of 30 feet from any cluster subdivision lot line.

c. Shared septic systems and shared potable water systems.

3. Public road rights-of-way shall not count towards the minimum open space required in subsection (B) of this section.

4. The portion of open space designated to provide plant and/or animal habitat shall be kept as intact as possible. Any trails shall be designed to avoid fragmenting such areas.

5. The areas of the open space designed for recreational uses such as, but not limited to, trails, playfields, or community gardens should be designed in a manner, acceptable to the Director, that avoids damaging the historic or archaeological integrity of the site. [Ord. 2018-003 § 1; 2005 RLDC § 51.110.]

A. Applicability. The provisions of this section shall apply only to cluster subdivisions.

B. Ownership and Alternatives. If the designated open space is not owned and managed by the owner of the parent parcel, the designated open space and common facilities shall be owned and managed by one or more of the following combinations:

1. Homeowners’ Association. If the open space is proposed to be owned by a homeowners’ association, the instrument shall indicate that membership in the association is mandatory for all purchasers of homes in the development and their successors. It shall also include the homeowners’ association bylaws, guaranteeing continuing maintenance of the open space and other common facilities, and the declaration of covenants, conditions and restrictions of the homeowners’ association. Such instrument shall be submitted for approval as part of the information required for the plat. The homeowners’ association bylaws or the declaration of covenants, conditions and restrictions shall contain the following information:

a. The legal description of the common land.

b. A description of the common facilities.

c. The restrictions placed upon the use and enjoyment of the lands or facilities.

d. Persons or entities entitled to enforce the restriction.

e. A mechanism to assess and enforce the common expenses for the land or facilities, including upkeep and maintenance expenses, real estate taxes and insurance premiums.

f. A mechanism for resolving disputes among the owners or association members.

g. The conditions and timing of the transfer of ownership and control of land or facilities to the association.

h. Any other covenants, restrictions and conditions the developer deems appropriate.

2. Nonprofit Conservation Organization. If the open space is to be held by a nonprofit conservation organization, the organization shall be acceptable to the Director. The conveyance to the nonprofit conservation organization shall contain appropriate provisions for reversion in the event that the organization becomes unwilling or unable to uphold the terms of the conveyance. Such instrument shall be submitted for approval as part of the information required for the plat.

3. Public Dedication of Open Space. The County or other governing jurisdiction may accept the dedication of fee title or dedication of a conservation easement to the open space. Such instrument shall be submitted for approval to the accepting jurisdictional authority as part of the information required for the plat. The designated jurisdictional authority may accept the open space, provided:

a. The open space is accessible to the public.

b. The designated jurisdictional authority agrees to and has access to maintain the open space.

C. Maintenance Plan. Every cluster subdivision, where applicable, shall include a plan that provides evidence of a means to properly manage the open space in perpetuity and evidence of the long-term means to properly manage and maintain all common facilities, including any stormwater facilities. Such instrument shall be submitted for approval as part of the information required for the plat.

1. The maintenance plan shall be designed to accomplish all the following:

a. Designate the ownership of the open space and common facilities in accordance with this section.

b. Establish necessary regular and periodic operation and maintenance responsibilities.

c. If agricultural uses abut the land division at the time of recording, the subdivider shall create a buffer strip in the land division immediately adjoining said agricultural uses, which strip shall be a minimum of 30 feet in width and which shall be devoted to open space land uses only.

d. Estimate staffing needs, insurance requirements, and other associated costs and define the means for funding the same on an ongoing basis.

e. Include a land stewardship plan specifically focusing on the long-term management of common open space lands. The stewardship plan shall include a narrative describing:

[1] Existing conditions, including all natural, cultural, historic and scenic elements in the landscape.

[2] The proposed end state for each common element and the measures proposed to achieve the end state.

[3] Proposed restoration measures, including measures for correcting increasingly destructive conditions, such as erosion, and measures for restoring historic features and habitats.

[4] The operations needed to maintain the stability of the conservation or agricultural resources, including mowing schedules, weed control, planting schedules, clearing and cleanup. At the Director’s discretion, the applicant may be required to escrow sufficient funds for the operation and maintenance costs of common facilities for one year.

[5] In the event that the organization established to own and maintain the open space and common facilities, or any other successor organization, fails to maintain all or any portion of the common facilities in reasonable order and condition in accordance with the maintenance plan and all applicable laws, rules and regulations, the enforcement of said plan shall be considered a civil matter and the County shall not be a party to said enforcement of the maintenance plan. [Ord. 2018-003 § 1; 2005 RLDC § 51.115.]

The purpose of this chapter is to ensure the partitioning of land in Josephine County complies with the requirements of state law and this title. It shall therefore be the requirement that no person, agent, or corporation shall partition or sell any parcel unless the parcel is created in conformance with the requirements for a final partition plat contained in this title. The term “land partition” shall mean the partition of land as defined in JCC 19.11.180 and ORS Chapter 92. [2005 RLDC § 52.010.]

The Director shall review and approve or deny partitions using quasi-judicial procedures as set forth in Chapter 19.22 JCC. [2005 RLDC § 52.020.]

The following basic application and process requirements for land divisions as set forth in Chapter 19.50 JCC, Basic Provisions, shall apply to land partitions:

A. Application procedures (JCC 19.50.030);

B. Land division review (JCC 19.50.040);

C. Tentative plan review standards and criteria (JCC 19.50.050);

D. Tentative plan map requirements (JCC 19.50.060);

E. Survey requirements (JCC 19.50.070);

F. Exclusion of contiguous property from maps (JCC 19.50.080);

G. Modifications (JCC 19.50.090);

H. Time limits and extensions (JCC 19.50.100). [2005 RLDC § 52.040.]

The purpose of this chapter is to provide a procedure to modify recorded lots or parcels or further divide recorded lots or parcels or change recorded lot configurations. It shall therefore be the requirement that no person, agent or corporation shall perform replats except in compliance with the requirements for a replatting as contained in this title. The term “replat” shall mean the replatting of land as defined in JCC 19.11.200 and ORS Chapter 92. [2005 RLDC § 53.010.]

The Director shall review and approve or deny replats using quasi-judicial review procedures as set forth in Chapter 19.22 JCC. [2005 RLDC § 53.020.]

A. The requirements of this chapter shall apply to the act of replatting lots or parcels when:

1. The replat changes the location of a public or private street or public easement or right-of-way; or

2. The replat increases or decreases the number of lots or parcels.

B. When a replat is not required pursuant to subsection (A)(1) or (2) of this section, the common property lines between one or more abutting parcels may be relocated using the procedures and standards as set forth in Chapter 19.54 JCC (Property Line Adjustment). [2005 RLDC § 53.030.]

The following basic application and process requirements for land divisions as set forth in Chapter 19.50 JCC (Basic Provisions) shall apply to replats:

A. Application procedures (JCC 19.50.030);

B. Land division review (JCC 19.50.040);

C. Tentative plan review standards and criteria (JCC 19.50.050);

D. Tentative plan map requirements (JCC 19.50.060);

E. Survey requirements (JCC 19.50.070);

F. Exclusion of contiguous property from maps (JCC 19.50.080);

G. Modifications (JCC 19.50.090);

H. Time limits and extensions (JCC 19.50.100). [2005 RLDC § 53.040.]

In addition to the review standards contained in Division VII of this title (General Development Standards) and Division VIII of this title (Public Facility Standards), the tentative approval of replats shall comply with all of the following additional standards:

A. All lots or parcels involved in the replat shall conform to the minimum lot size for the applicable zone, except as permitted in subsection (B) of this section;

B. The adjustment of lines involving one or more nonconforming lots or parcels shall comply with the following rules:

1. No lot or parcel that conformed prior to the replat shall be made nonconforming after the replat; and

2. No lot or parcel that is nonconforming prior to the replat may be reduced to a size that is smaller than the smallest nonconforming lot or parcel existing prior to the replat;

C. The replat will not conflict with any public or private easement. [2005 RLDC § 53.050.]

A. The Director is authorized to adjust a comprehensive plan and/or zone boundary without requiring a comprehensive plan and/or zone change application if all of the following standards are satisfied:

1. The boundary is moved in conjunction with an approved replat;

2. The adjustment does not create potential additional residential lots or parcels as a result of moving the zone boundary;

3. The adjustment does not create the potential for new commercial or industrial uses; and

4. The adjustment will not require an exception to statewide planning goals.

B. The application shall be reviewed using ministerial review procedures as set forth in Chapter 19.22 JCC. This review shall be concurrent with the review for the property line adjustment.

C. A request for a comprehensive plan and/or zone boundary adjustment shall not be approved if the supporting property line adjustment is not approved or the final plat is not completed and recorded. [2005 RLDC § 53.100.]

The purpose of this chapter is to establish uniform property line adjustment procedures by ensuring compliance with the rules and procedures of this title. It shall therefore be the requirement that no person, agent or corporation shall adjust or modify a property line for any lot or parcel unless the lot or parcel line is adjusted in conformance with the tentative and final map requirements of this title. The term “property line adjustment” shall have the meaning given in JCC 19.11.180 and ORS Chapter 92. [2005 RLDC § 54.010.]

The Director shall review and approve or deny property line adjustments using ministerial review procedures as set forth in Chapter 19.22 JCC. [2005 RLDC § 54.020.]

The following basic application and process requirements for land divisions as set forth in Chapter 19.50 JCC (Basic Provisions) shall apply to property line adjustments:

A. Application procedures (JCC 19.50.030);

B. Land division review (JCC 19.50.040);

C. Tentative plan review standards (JCC 19.50.050(A));

D. Tentative plan map requirements (JCC 19.50.060);

E. Survey requirements (JCC 19.50.070);

F. Exclusion of contiguous property from maps (JCC 19.50.080);

G. Modifications (JCC 19.50.090);

H. Time limits and extensions (JCC 19.50.100). [2005 RLDC § 54.040.]

In addition to the review standards contained in Division VII of this title (General Development Standards) and Division VIII of this title (Public Facility Standards), the tentative approval of property line adjustments shall comply with all of the following additional standards:

A. The property line adjustment will not result in the creation of a new parcel;

B. All lots or parcels involved in the property line adjustment shall conform to the minimum lot size for the applicable zone, except as authorized in subsection (C) of this section;

C. The adjustment of lines involving one or more nonconforming lots or parcels shall comply with the following rules:

1. No lot or parcel that conformed prior to the adjustment shall be made nonconforming after the adjustment; and

2. No lot or parcel that is nonconforming prior to the adjustment may be reduced to a size that is smaller than the smallest nonconforming lot or parcel existing prior to the adjustment;

D. The property line adjustment will not conflict with any public or private easement. [2005 RLDC § 54.050.]

A. The Director is authorized to adjust a comprehensive plan and/or zone boundary without requiring a comprehensive plan and/or zone change application if all of the following standards are satisfied:

1. The boundary is moved in conjunction with an approved property line adjustment;

2. The adjustment does not create potential additional residential lots or parcels as a result of moving the zone boundary;

3. The adjustment does not create the potential for new commercial or industrial uses; and

4. The adjustment will not require an exception to statewide planning goals.

B. The application shall be reviewed using ministerial review procedures as set forth in Chapter 19.22 JCC. This review shall be concurrent with the review for the property line adjustment.

C. A request for a comprehensive plan and/or zone boundary adjustment shall not be approved if the supporting property line adjustment is not approved or the final plat is not completed and recorded. [2005 RLDC § 54.100.]

The purpose of a planned unit development subdivision is to encourage owners and developers to apply new technology and land designs, to conserve natural resources (such as wetlands, wildlife and plant habitats, views and open spaces), to mitigate natural hazards (such as wildfire, flooding, and earth movement), to mix land uses, and to provide special recreational, social and business amenities to occupants within subdivision developments. To accomplish this objective, this chapter sets forth the standards and criteria for authorizing prescribed departures from the general development and zoning standards for subdivisions, when such departures help the development accomplish one or more of the benefits described above. The nature, extent and value of the benefits, and methods of securing performance, shall be matters wholly within the judgment of the Review Body. This chapter is intended to provide the minimum standards, criteria and procedures to be used in the exercise of this judgment. [2005 RLDC § 55.010.]

A. The Planning Commission shall have the authority to approve tentative plans for planned unit subdivisions, to include specified departures from developmental standards and zoning requirements contained in this title, or other applicable County ordinances, rules, resolutions, orders, technical manuals or publications and policies, in order to accomplish the purposes of this chapter. Approvals may:

1. Allow individual lots to deviate from minimum lot size and shape requirements, and building height, setback and other dimensional standards contained in Chapters 19.71 and 19.72 JCC.

2. Allow street improvements and access standards to be changed when private streets are used.

3. Allow multiple and mixed uses to occur within the development when all of the uses are authorized by the zone.

4. Allow the development to be recorded in phases whenever it is demonstrated each phase meets the standards and criteria of this chapter independent of the completion of subsequent phases. The tentative plan shall show all of the phases of development, and the platting of each phase shall meet the requirements of JCC 19.55.050. In approving the phases, the Planning Commission shall require the common areas, improvements, facilities or amenities which must be completed within each phase.

5. Extend the permit life beyond the time provided in JCC 19.50.100.

B. The Planning Commission shall not have the authority to depart from applicable development standards and zoning requirements in the following respects:

1. Where the departure is contrary to a conflicting state or federal law or rule;

2. By allowing uses which are not authorized in the underlying zoning district for the property;

3. By allowing the overall density of development to exceed the density permitted if the land were developed according to minimum parcel size and design standards for the applicable zone;

4. By waiving or modifying environmental protection standards contained in this title, such as those involving erosion and sediment control, flood or fire hazards, stream setbacks, wetland and wildlife conservation, and other similar provisions;

5. By applying the variance criteria and procedures contained in Chapter 19.44 JCC.

C. The Planning Commission is authorized to attach special conditions to approvals above and beyond those authorized in JCC 19.55.040 when it finds, in its sole judgment, the conditions are needed to justify the requested departures from the County’s normal development standards, or are needed to reasonably secure full development of the project.

D. Off-site amenities or benefits cannot be used to justify departure from applicable development standards unless such amenities or benefits are irrevocably established in favor of the planned unit development subdivision. [2005 RLDC § 55.020.]

In addition to the application requirements for subdivisions contained in Chapters 19.50 and 19.51 JCC, applications for planned unit development subdivisions shall contain a comprehensive narrative and graphic description of the property to be developed, showing how special features will be created, enhanced or protected by the project, and how such features will provide special amenities or benefits to the residents of the development and/or the public not otherwise obtainable under this title. This discussion shall also demonstrate how the proposed departures from required standards will be necessary or helpful to accomplish unique objectives of the development. [2005 RLDC § 55.030.]

Tentative plans for planned unit development subdivisions shall be reviewed against the tentative plan review standards and criteria as set forth in JCC 19.50.050, and shall govern unless modified pursuant to the authority granted in this chapter. In addition, the following special standards and criteria shall apply:

A. Special Standards.

1. All electric and telephone facilities, fire alarm conduits, street light wiring, and other wiring conduits and similar facilities shall be placed underground by the developer unless waived by the Hearing Body;

2. The Hearing Body shall require easements necessary for orderly extension of public utilities to future adjacent developments;

3. Areas of semi-public uses within the tentative plan may be included as open space in calculating allowed residential densities;

4. The plan shall assure that unique or scenic natural features of the land are preserved, and that natural or manmade landscaping is provided for common areas;

5. Comply with the water testing standards of JCC 19.84.020(C) governing new construction of planned unit development subdivisions;

6. Common open spaces shall comprise at least 20 percent of the land area contained in the development exclusive of streets, and at least one acre of the common open space shall be located on slopes with less than 15 percent grades. Common open spaces shall be used for recreational, park or environmental purposes, such as watershed management, wildlife or special plant habitat, wetland protection or other similar purposes;

7. Private streets shall be utilized on site only and construction standards shall utilize accepted engineering practices and be sufficient to meet normal and emergency levels of traffic;

8. Areas of intensive use within the development shall be set back, buffered or screened from adjoining lands so that off-site impacts are no greater than those associated with typical developments in the underlying zone;

9. The development does not conflict with legally established easements or other access rights to adjacent lands;

10. In addition to all other requirements made applicable by this title, the Review Body may authorize a planned unit development subdivision within a residential zone only when all of the following requirements are met:

a. The number of new dwelling units in the development does not exceed 10;

b. The number of new lots or parcels to be created in the development does not exceed 10;

c. None of the new lots or parcels will be smaller than two acres;

d. The development is not to be served by a new community sewer system;

e. The development is not to be served by any extension of a sewer system from within an urban growth boundary or from within an unincorporated community;

f. The overall density of the development will not exceed one dwelling for each unit of acreage specified as the minimum for the residential zone applicable to the land contained in the planned unit development subdivision; and

g. For any open space or common area provided as a part of the planned unit development subdivision, the owner shall submit proof of nonrevocable deed restrictions recorded in the deed records. The deed restrictions shall preclude all future rights to construct a dwelling on the lot, parcel, or tract designated as open space or common area for as long as the lot, parcel, or tract remains outside an urban growth boundary.

B. Special Criteria.

1. The land, after considering the individual and cumulative effect of all proposed departures from development standards and density requirements, demonstrates adequate carrying capacity to support the development, as defined in JCC 19.11.050;

2. The creation or extension of streets within and without the development are in harmony with the existing and potential access needs of the neighborhood beyond those required by the County’s transportation systems plan;

3. The parcels within the development are designed so that they relate properly to adjoining or nearby lot or parcel lines, utilities, streets, or other existing or planned facilities;

4. Impacts resulting from the development will not adversely affect other lands in the area. Before the Review Body may reject a proposed development because of adverse impacts on other lands in the area, it must find the impacts are both significant and incapable of adequate mitigation; and

5. Any group or cluster of two or more dwelling units will not force a significant change in accepted farm or forest practices on nearby lands devoted to farm or forest use, and will not significantly increase the cost of accepted farm or forest practices there. [2005 RLDC § 55.050.]

The tentative plan map for planned unit development subdivisions shall comply with the requirements of JCC 19.50.060, and shall also show the following additional information:

A. The areas of proposed uses, the approximate locations of buildings, the type of construction features (if known) and the density of development;

B. The proposed circulation pattern indicating the status of street ownership, parking areas, type of surfacing, curbs, etc.;

C. The location and nature of use of open spaces;

D. The location of all existing buildings, fences or other structures to be retained in the development, together with the location of proposed commonly owned buildings, fences or other structures;

E. The location and description of existing and proposed areas of landscaping;

F. The proposed grading and drainage pattern;

G. A table showing the acreages devoted to the following features: developed areas, streets, common areas, developed recreational areas, undeveloped recreational areas and open spaces;

H. The tentative plan shall be accompanied by a list of the standards that are proposed to be modified in the tentative plan, together with the corresponding references to the code section, other County ordinance, rule, resolution, order, technical manual or publication or policy containing the standard. [2005 RLDC § 55.060.]

Lands and structures not dedicated to the public but reserved for use by owners or tenants and their guests (common areas) will be subject to a nonprofit corporation of owners organized under the laws of the state of Oregon. To comply with this provision, all of the following must be completed:

A. A nonprofit corporation shall be established. The articles of incorporation shall provide that:

1. The corporation shall maintain the common areas;

2. The corporation shall pay taxes on common areas;

3. The owners of each lot in the development shall have one vote as a shareholder in the corporation;

4. The corporation is responsible for carrying out the provisions of approval of this planned unit development subdivision specifying the name of the planned unit development subdivision and Josephine County as the place the subdivision plat is recorded;

5. The corporation is responsible for carrying out the responsibilities of the nonprofit corporation (or any other entity, by any name) mentioned in the restrictive covenants (real covenants);

6. Any shareholder shall be able to enforce any obligation of the corporation which the corporation neglects or refuses to carry out and reasonable attorney’s fees shall be awarded to the successful party;

7. None of the above provisions can be modified or repealed without the unanimous consent of all shareholders of the corporation, representing every lot of the subdivision after all lots have been sold by the original owner-developer-declarant.

B. There shall be filed in the County deed records, restrictive covenants (real covenants), however titled, which shall:

1. Require, as a mutual benefit and burden of ownership of any lot in the planned unit development subdivision, the maintenance, perpetuation, and continuity of the nonprofit corporation, and the payment of a pro rata share of the taxes and maintenance costs for common areas by each lot owner. This shall be done through the corporation;

2. Specify other provisions as may be desired by the applicant, developer, declarant or required by the Review Body;

3. Specifically state that the covenants relate to the planned unit development subdivision, that the corporation can enforce the covenants and any shareholder can require the corporation to enforce the covenants.

C. The articles of incorporation shall be approved in writing by the Director and a certified copy, showing filing with the Oregon Corporation Commission, will be presented to the Director prior to, and as a condition of, final plat approval;

D. The covenants shall be approved in writing by the Director and shall be filed simultaneously with, and be a condition of, final plat approval;

E. The Director may request the assistance of County legal counsel in a review of the articles of incorporation and real covenants mentioned above. [2005 RLDC § 55.080.]

In addition to the items specified in JCC 19.51.040 regarding the requirements before construction for the tentative plan approval of subdivisions, the following requirements shall also apply:

A. Drawings.

1. Showing the locations and material type for waste or borrow areas;

2. Showing traverse data including the coordinates of the boundary of the PUD.

B. Schedule of Stages.

1. A time schedule showing the commencement of construction, a description of the phases of development, and the approximate completion date for each phase;

2. The stages for development of private and public facilities.

C. Plans, Profiles and Specifications.

1. Plans and profiles of proposed sanitary and/or storm water sewers, with grades, pipe sizes, and location of manholes indicated, meeting the requirements of any service district and the Oregon Department of Environmental Quality;

2. Plans and profiles of any proposed water distribution system showing pipes and the location of any valves, fire hydrants, or storage facilities meeting the requirements of the Oregon Health Division. If required by the Hearing Body, water systems shall be designed to provide fire flow capacity meeting standards established by the state Fire Marshal;

3. Specifications for the construction of all proposed sewer and water lines and other utilities;

4. Grading plans and specifications as required by the County Engineer for areas other than streets and ways.

D. Title and Covenant Information.

1. A preliminary title report issued by a title insurance company in the name of the owner of the land, showing all parties whose consent is necessary, and their interest in the premises;

2. Final drafts of the restrictive covenants and all other documents providing for the maintenance of any public open spaces and recreational areas not dedicated to the public, including agreements by property associations, dedicatory deeds, or reservations of public open spaces. [2005 RLDC § 55.090.]

Development or building permits shall not be issued for buildings within a planned unit development subdivision prior to the recording of the final plat unless all of the following circumstances exist:

A. The permit is for a building dedicated for the common use and benefit of the whole development, a model residence or commercial/industrial structure to be used for the promotion of sales within the development, or a business office for the operation of the development;

B. The building is shown on an approved tentative plan map; and

C. Construction of the building conforms to all applicable standards of this title, as well as the conditions of tentative plan approval. [2005 RLDC § 55.100.]

A final plat shall be submitted and recorded in conformance with the tentative approval and the provisions of Chapter 19.56 JCC. In addition to the information required by JCC 19.56.050 (Final plat requirements), the following additional information shall be shown on the final plat, where appropriate:

A. Land Use.

1. All areas proposed to be dedicated or reserved for interior circulation, public parks, playgrounds, school sites, public buildings, and otherwise dedicated or reserved to the public;

2. Open space that is to be maintained and controlled by the owners of the property and their successors in interest, which is available for the recreational and leisure use of the occupants and uses of the planned unit development subdivision.

B. Circulation.

1. Location of any special engineering features needed to facilitate or ensure the safety or circulation pattern;

2. Location and dimensions of pedestrian walkways, malls, and foot, bicycle and horse trails that will be dedicated as part of the development.

C. Parking and Loading.

1. Location, arrangement, number, and dimension of automobile garages, parking spaces, the widths of aisles and bays, and angle of parking, when interests in spaces are transferred with units of development;

2. Location, arrangement, and dimensions of truck loading spaces and docks;

3. A certificate conforming to ORS 92.070 with the seal of, and signed by, the engineer or surveyor responsible for the survey and final plat or final map;

4. A certificate signed by all parties having any recorded title interest or vested interest in the land, dedicating to the public all streets and roads without any reservation or restriction, other than reversionary rights upon vacation of any such street or road and easement for public utilities.

D. Benefits or Amenities. The creation or construction of special benefits or amenities required by tentative plan approval shall not be secured, but must be completed and operational before final plat approval. [2005 RLDC § 55.110.]

Time limits and extensions of time limits for tentative approval of planned unit subdivisions shall be governed by the provisions of JCC 19.50.100. [2005 RLDC § 55.130.]

The purpose of this chapter is to assure the mapping and recording of final plats for land divisions fully complies with the requirements of state law and the provisions of this title. [2005 RLDC § 56.010.]

The Review Body shall examine and approve or deny final plats using ministerial review procedures as set forth in Chapter 19.22 JCC. [2005 RLDC § 56.020.]

An application for final plat approval shall be required for all land divisions. The application shall be filed with the Planning Director and shall include up to five copies of the final plat drawing that conforms to the conditions of tentative approval and the procedural and mapping requirements of this chapter and Chapter 19.57 JCC regarding monumentation and applicable Oregon Revised Statutes. The Planning Director is authorized to reduce the number of copies of the final plat when fewer than five copies are needed to accomplish review. Applications for final plats shall be submitted to the Planning Director within the time limit and extension periods as provided in JCC 19.50.100 and 19.41.030, together with the required review fee for final plats. [Ord. 2010-001 § 1; 2005 RLDC § 56.030.]

A final plat shall be approved when the special conditions of approval have been satisfied and the final plat conforms to the approved tentative plan map, and otherwise meets the mapping and content requirements for final plats as set forth in this title and any other applicable state law or rule. [2005 RLDC § 56.040.]

A. General Requirements. Final plats for all land divisions shall be an accurate plat for official record prepared by a land surveyor licensed and registered by the state of Oregon, and shall conform to the provisions of this title, the applicable laws of the state of Oregon, and the other requirements contained in the County’s approval. In addition, the final plat shall include:

1. An affidavit from the surveyor stating that the surveyor has correctly marked, with proper monuments, if required, the land as represented in the plat and that the survey was carried out in accordance with the standards of Chapter 19.57 JCC; and

2. Documentation showing that all outstanding assessments have been paid or the assessments have been segregated by the County Assessor.

B. Drawing Requirements. Final plats shall show any dedication of streets, roads or public parks and squares, and any other representations or writings which were approved as part of the record. These items shall be rendered in permanent black India ink or silver halide permanent photocopy, upon four mil or thicker Mylar or equivalent material, approved by the County Surveyor, and which is 18 inches by 24 inches in size. In addition:

1. The strength and permanency of the original drawing shall be such that the plat is suitable for recording as a permanent record in the office of the County Clerk;

2. All signatures on the original plat shall be in permanent black India type ink;

3. The plat shall be drawn to a scale approved by the County Surveyor;

4. The lettering of the approvals, any declarations, the affidavit, and all other narrative information and drawings shall be of such a size or type as will be clearly legible, and no part shall come closer to any edge of the sheet than one inch. The plat may be placed on as many sheets as necessary, but a face sheet and an index page shall be included for plats placed using three or more sheets;

5. The final plat shall also be accompanied by an exact duplicate of the final plat, suitable for making prints.

C. Content Requirements. Final plats shall contain, in addition to any other requirements of state law or rule, the following information (either on the plat or accompanying the plat):

1. The date, north arrow, scale, name of the subdivision and an indication the map is a “final plat”;

2. The legal description of the tract boundaries;

3. The name of the owner or owners, subdivider, and engineer or surveyor;

4. The reference points of existing identified surveys, related to the plat by distances and bearings, and referenced to a field book or map as follows:

a. Stakes, monuments, or other evidence found on the ground and used to determine the boundaries of the land division;

b. Corners of adjoining land divisions;

c. City boundary lines when crossing or adjacent to the land division;

d. Other monuments found or established in making the survey of the land division, or required to be installed by provisions of this title;

5. The exact location and width of streets and easements intercepting the boundary of the tract;

6. The tract, block, and lot or parcel boundary lines, street right-of-way and centerlines with dimensions, bearings or deflection angles, radii, arcs, points of curvature, and tangent bearings. Approximate high water lines for any creek, lake, or other body of water, and the 100-year flood hazard. Tract boundaries and street bearings shall be shown to the nearest 10 seconds with bases of bearings. Distances shall be shown to the nearest 0.01 feet. No ditto marks shall be used;

7. The width of the portion of streets being dedicated and the width of existing rights-of-way. For streets on a curvature which are being dedicated, curve data shall be based on the street centerline. In addition to the centerline dimensions, the radius and central angle shall be indicated;

8. Any easements, denoted by fine dotted lines, clearly identified and, if already of record, their recorded reference. New easements shall be referenced in the owner’s certificates of dedication. Private easements shall become effective when the plat is recorded;

9. Lot or parcel numbers beginning with the number “1” and thereafter numbered consecutively;

10. The area contained in each lot or parcel. For lots or parcels one acre or larger that have been surveyed, the area shall be shown to the nearest hundredth of an acre; for lots or parcels less than one acre, the area to the nearest square foot;

11. Any subdivision submitted for final approval shall not use block numbers or letters unless the subdivision is a continued phase of a previously recorded subdivision, bearing the same name, that has previously used block numbers or letters;

12. Identification of land parcels to be dedicated for any purpose, public or private, so as to be distinguishable from lots or parcels intended for sale;

13. The following certificates (combined when appropriate):

a. A certificate signed and acknowledged by all parties having any proprietary interest in the land, consenting to the preparation and recording of the plat or final map;

b. A certificate signed and acknowledged by the parties described in subsection (C)(14)(a) of this section, dedicating all lots of land shown on the final map or final plat intended for the exclusive use of the owners in the land division, their licensees, visitors, tenants, and servants;

c. A certificate conforming to the requirements of ORS 92.070, with the seal of, and signed by, the engineer or surveyor responsible for the survey and final plat or final map;

d. A certificate or transfer deed signed by all parties having any proprietary interest in the land, dedicating to the public all streets and roads without any reservation or restriction other than reversionary rights upon vacation of any street or road and easement for public utilities;

e. Other certifications now or hereafter required by law.

D. Accompanying Data. The following data shall accompany the final plat:

1. A subdivision guarantee issued by a title insurance company in the name of the owner of the land, showing all parties whose consent is necessary, and their interest in the premises;

2. A copy of any required deed restrictions applicable to the subdivision or partition;

3. A copy of any dedication requiring separate documents;

4. A list of all taxes and assessments on the tract which have become a lien on the tract;

5. Sheets and drawings showing the following:

a. Boundary and lot closures including the coordinates for all boundary and lot corners of the subdivision or partition and ties to section corners and donation land claim corners, and showing the error of closure, if any;

b. The computation of distances, angles, and courses shown on the plat;

c. Ties to existing monuments, proposed monuments, adjacent subdivisions, street corners, and street highway stationing.

6. A statement from the County Engineer indicating the developer has complied with the street and facility improvement requirements of the tentative plan and this chapter, or a guarantee has been given and approved that meets the requirements of Chapter 19.14 JCC, and will assure completion of all required improvements and monumentation. [Ord. 2022-010 § 1; 2005 RLDC § 56.050.]

Final plats shall be reviewed using the following procedures:

A. General Procedures. Final plats for various land divisions shall be reviewed, approved and recorded subject to the following general procedures:

1. The following County officials, in the order listed below, shall review and approve or record final plats for land divisions:

a. The Surveyor.

b. The Planning Director.

c. The Assessor.

d. The Board of Commissioners (subdivision and planned unit development subdivision plats only).

e. The County Clerk.

2. It shall be the responsibility of the owner/developer to transmit the final plat between the County departments specified in subsection (A)(1) of this section.

3. Review and approval of each required County official shall be memorialized on the final plat by a caption so stating, accompanied by the signature of the official, or agent of the official, authorized to give such approval.

4. An approval of a final plat shall constitute a determination that the plat satisfies all applicable state and local regulations, as well as the special conditions for approval as established by the decision of the Review Body.

B. County Planning Director. All final plats shall be submitted to the Planning Director for review, together with the prescribed fee. The Director shall review the tentative plan approval to determine whether all of the conditions for approval have been satisfied. In the case of final plats for planned unit development subdivisions, the Director shall forward to the County Counsel all documents related to the management of common areas for review and approval. The Director shall indicate compliance by signing the final plat. If any condition or conditions of tentative plan approval have not been satisfied, the Director shall provide the owner/developer with a statement of the unsatisfied condition or conditions and the date upon which the tentative plan approval expires. The owner/developer may resubmit a revised plat any time prior to the expiration of the tentative plan approval.

C. County Surveyor. All final plats shall be submitted to the Surveyor for review, together with the prescribed fee. The Surveyor shall check the plats to determine compliance with the applicable requirements of state and local survey and platting laws. The Surveyor shall indicate compliance by signing the final plat. If a plat fails to conform to any applicable requirement, and changes to the plat can be made to correct the deficiency or deficiencies, the Surveyor shall provide a written statement to the property owner/developer specifying the modifications that must be made.

D. County Assessor. All final plats along with the necessary accompanying data shall be submitted to the Assessor for review. The Assessor shall determine that all required deeds have been prepared and that all ad valorem taxes, special assessments and other charges that have or will become a lien during the calender year have been paid. The Assessor shall determine that all persons having an interest in the property subject to the plat have signed the plat indicating their approval of the plat. The Assessor shall indicate compliance by signing the final plat.

E. Board of Commissioners. The Board of Commissioners shall review and approve all final plats for subdivisions and planned unit development subdivisions in a weekly business session.

F. County Clerk. All final plats and required deeds (e.g., conveyances conforming to approved property line adjustments) shall be recorded in the County Clerk’s records within 90 days from the date the Planning Director signs the plat. Failure to record the required documents within this time limit shall render void all departmental and Review Body approvals, to include the tentative plan.

G. Other Requirements. The following additional process requirements shall apply to final plats:

1. An eight and one-half by 11-inch photocopy of the recorded final plat shall be submitted to the Planning Office within 30 days after the date of recording.

2. A copy of the survey shall be filed with the County Surveyor. [Ord. 2022-010 § 1; 2005 RLDC § 56.060.]

Approval of a final plat or map by the Review Body shall not be deemed to constitute or effect an acceptance for maintenance by the County for any street or other proposed public way or area shown on the plat, unless such acceptance has been accomplished by a separate order of the Board of Commissioners. [2005 RLDC § 56.070.]

In lieu of the actual construction of required improvements and otherwise meeting the obligations referred to in this title, the County may accept a guarantee, at its option, from the developer setting the date upon which construction and acceptance shall be completed. The guarantee shall be in writing and shall specify the exact terms of the improvements to be completed. The guarantee shall meet the requirements of Chapter 19.14 JCC. [2005 RLDC § 56.080.]

The purpose of this chapter is to ensure the procedures used to survey and set monuments are standardized and followed for all land divisions. [2005 RLDC § 57.010.]

The requirements for monumentation shall be reviewed as a part of the review of final plats pursuant to Chapter 19.56 JCC, and as such shall be subject to ministerial review procedures as set forth in Chapter 19.22 JCC. [2005 RLDC § 57.020.]

All land divisions involving land within Josephine County shall, unless excepted in JCC 19.50.070, be surveyed and all monuments erected shall comply with the requirements of ORS Chapter 92, and also with the following:

A. The survey for the plat of any land division shall be done with reference to Federal Geodetic Control Committee guidelines for third order class II;

B. The initial point of all plats shall be on the exterior boundary of the plat and shall be marked with a monument, either of concrete, galvanized iron pipe, or an iron or steel rod:

1. If concrete is used, it shall not be less than six inches by six inches by 24 inches and shall contain not less than five cubic inches of ferrous material permanently embedded in the concrete;

2. If galvanized iron pipe is used, it shall not be less than three-quarters of an inch least dimension and 30 inches long; and if an iron or steel rod is used it shall not be less than five-eighths of an inch least dimension and 30 inches long;

3. The location of the monument shall be with reference by survey to a section corner, one-quarter corner, one-sixteenth corner, donation land claim corner, monumented lot corner, or boundary corner of a recorded subdivision, partition, or condominium plat;

4. The County Surveyor may authorize the setting of another type of monument in circumstances where setting the required monuments is impracticable.

C. In subdivision and planned unit development plats, the intersections, points of curves, and points of tangents, or the point of intersection of the curve if the point is within the pavement area of the road, of the centerline of all public streets and roads, and all points on the exterior boundary where the boundary line changes direction, shall be marked with monuments either of concrete, galvanized iron pipe, or iron or steel rods:

1. If concrete is used it shall be as described in subsection (B)(1) of this section;

2. If galvanized iron pipe is used it shall not be less than three-fourths of an inch least dimension and 30 inches long;

3. If iron or steel rods are used they shall not be less than five-eighths of an inch in diameter and 30 inches long;

4. In addition all P.C. and P.T. points on horizontal curves shall be referenced with a five-eighths-inch by 30-inch steel rod driven 28 inches into the ground, when possible, set at the intersection of the right-of-way line and a line perpendicular to the tangent at the P.C. or P.T. point;

5. The County Surveyor may authorize the setting of another type of monument in circumstances where setting the required monument is impracticable.

D. All lot or parcel corners, except lot corners of cemetery lots, shall be marked with monuments of either galvanized iron pipe not less than one-half inch in least dimension and two feet long, or iron or steel rods not less than five-eighths of an inch in width and 24 inches in length. The County Surveyor may authorize the setting of another type of monument in circumstances where setting the required monuments is impracticable;

E. Monuments shall be set with such accuracy that measurements may be taken between monuments within one-tenth of a foot or within one-five-thousandth of the distance shown on the subdivision, partition or property line adjustment plat, whichever is greater;

F. All monuments for the exterior boundaries of a subdivision shall be marked and such monuments shall be referenced on the plat before the plat is offered for recording;

G. Interior monuments for the subdivision need not be set prior to the recording of the plat or final map if the registered professional land surveyor performing the survey work certifies that the interior monuments will be set on or before a specified date as provided in ORS 92.070(2), and if the person subdividing the land furnishes to the County a bond, cash deposit, or other security consistent with Chapter 19.14 JCC, guaranteeing the payment of the cost of setting the interior monuments for the subdivision as provided in ORS 92.065;

H. All monuments on the exterior boundary and all parcel corner monuments of partitions and property line adjustments shall be placed before the partition or property line adjustment is offered for recording;

I. If the interior corners of a subdivision are to be monumented on or before a specified date after the recording of the plat of the subdivision, the person subdividing the land described in the subdivision plat shall furnish to the County Surveyor, prior to the approval of the subdivision plat by the County Surveyor, a bond, cash deposit, or other security, consistent with the requirements of Chapter 19.14 JCC, in an amount equal to 120 percent of the estimated cost of performing the work for the interior monumentation;

J. The County Surveyor may require that the setting of the interior corners of the subdivision be delayed, according to the provisions of this section, if the installation of street and utility improvement has not been completed, or if other conditions or circumstances justify the delay;

K. The person subdividing the lands described in subsection (J) of this section shall pay the surveyor for performing the interior monumentation work and notify the County Surveyor of the payment:

1. The County Surveyor, within three months after the notice, shall release the bond or other required security or return the cash deposit upon finding that the payment has been made;

2. Upon written request from the person subdividing the land, the governing body may pay the surveyor from monies within a cash deposit held by it for that purpose and return the excess of the cash deposit, if any, to the person who made the deposit;

3. If the subdivider has not paid the surveyor within 30 days of the final approval of the interior monumentation, the County may pay the surveyor from monies held in a cash deposit, if any, or require payment to be made from other security.

L. In the event of the death, disability, or retirement from practice of the surveyor charged with the responsibility for setting interior monuments for a subdivision, or upon failure or refusal of the surveyor to set the monuments, the County Surveyor shall cause the monumentation to be completed and referenced for recording as provided in ORS 92.070:

1. If another surveyor completes the interior monumentation, the surveyor completing the interior monumentation shall place the surveyor’s seal and signature on the original subdivision plat and any true and exact copies filed in accordance with ORS 92.120(3);

2. Payment of the fees for completing the monumentation shall be made by the subdivider within 30 days of the completion of the work;

3. In the event that the subdivider fails to pay the fees within 30 days, the bond, cash deposit, or other security may be used to pay the fees; and when such cash or other securities are inadequate to cover the cost incurred by the County Surveyor, the balance due will constitute a lien on any lots in the subdivision that are still in the ownership of the subdivider when recorded pursuant to ORS 93.600 to 93.800. [2005 RLDC § 57.030.]

A. Except as otherwise provided in this section, all subdivision, partition, and property line adjustment plats, designating the location of land within Josephine County, offered for record, shall include on the face of the plat a surveyor’s certificate together with the seal and signature of the surveyor having surveyed the land represented on the plat, to the effect that they have correctly surveyed and marked with proper monuments the lands as represented, that they marked a proper monument as provided in ORS 92.060 indicating the initial point of such plat, and giving the dimensions and kind of monument, and its location in accordance with ORS 92.060(1), and accurately describing the tract of land upon which the lots and blocks or parcels are laid out.

B. If the person subdividing or partitioning any land has complied with JCC 19.56.060 and 19.57.030(H), the surveyor may prepare the plat for recording with only the exterior monuments referenced thereon as submitted for recording. There shall be attached to any such plat a certification of the surveyor that the interior monuments for the subdivision will be marked on or before the specified date in accordance with ORS 92.060, noting those monuments to be set on or before the specified date on the plat as approved by the Review or Hearing Body.

C. After the interior corners for a subdivision have been monumented as provided in the certificate submitted under subsection (B) of this section, the surveyor performing the work shall:

1. Within five days after completion of the work, notify the person subdividing the land involved and the County Surveyor; and

2. Upon approval of the work under ORS 92.100 by the County Surveyor, submit an affidavit for recording stating that the subdivision plat has been correctly surveyed and marked with proper monuments at the interior corners of the subdivisions as noted on the original subdivision plat:

a. Any monument that cannot be set shall be separately noted and a reference monument shall be set;

b. The affidavit shall be approved by the County Surveyor before recording;

c. The surveyor who prepared the affidavit shall cause the affidavit to be recorded in the office of the County Recorder;

d. The County Clerk shall promptly provide a recorded copy of the affidavit to the County Surveyor;

e. The County Surveyor shall note the monuments set and the recorder’s information on the original subdivision and any true and exact copies filed in accordance with ORS 92.120(3).

D. The County Clerk, upon receipt of a plat copy filed pursuant to subsection (C) of this section, shall record such copy and endorse the recording reference for the copy on the plat of the previously recorded subdivision. [2005 RLDC § 57.040.]