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.
(2005 RLDC § 51.100; Ord. 2018-003 § 1)
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.
(2005 RLDC § 51.105; Ord. 2018-003 § 1)
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.
(2005 RLDC § 51.110; Ord. 2018-003 § 1)
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.
(2005 RLDC § 51.115; Ord. 2018-003 § 1)