The placement of dwellings shall be located on the least productive, buildable portion of the parcel taking into consideration terrain, adverse soil and land conditions, access, vegetation, location and the size of the parcel. In making a placement determination, the following requirements shall apply:
A. Drawing Requirements. A site map that meets the following requirements shall be submitted and approved as a condition for the placement or replacement of dwellings in the forest zones:
1. The site map for the property shall show the township, range, section and tax lot numbers for all contiguous properties held in ownership by the property owner;
2. The site map shall show all physical features on the site which are of significance with regard to review of the above application process including steep slopes, access roads, existing buildings and structures, and other improvements;
3. The proposed location of the new or replacement dwelling, to include septic systems, water supplies and other utilities that will serve the dwelling.
B. Siting Requirements. New or replacement dwellings shall be sited so the site will:
1. Have the least impact on nearby or adjoining forest or farm lands;
2. Ensure adverse impacts on forest operations and accepted farm practices on the tract will be minimized;
3. Minimize the amount of forest lands used to site access roads, service corridors, the dwelling and structures;
4. Minimize the risks associated with wildfire; and
5. Meet the siting and fire safety requirements of Chapter
19.76 JCC.
C. Access Requirements. As a condition of approval, if the road access to a dwelling is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the United States Bureau of Land Management, or the United States Forest Service, then the applicant shall provide proof of a long-term road access use permit or agreement. The road use permit may require the applicant to agree to accept responsibility for road maintenance.
D. Stocking Requirements. Approval of a dwelling shall be subject to the following stocking requirements:
1. Approval of a dwelling requires the owner of the tract to plant a sufficient number of trees on the tract to demonstrate that the tract is reasonably expected to meet Department of Forestry stocking requirements at the time specified in the Department of Forestry administrative rules, and the Planning Director shall notify the County Assessor of this condition at the time the dwelling is approved; and
2. If a lot or parcel is more than 10 acres in size, the dwelling shall not be approved until the owner submits a stocking survey report to the Assessor and the Assessor verifies the minimum stocking requirements have been met by the time required by Department of Forestry rules; and
3. Upon notification by the Assessor the Department of Forestry will determine whether the tract meets minimum stocking requirements of the Forest Practices Act. If the Department determines that the tract does not meet those requirements, the Department will notify the owner and the Assessor that the land is not being managed as forest land. The Assessor will then remove the forest land designation pursuant to ORS
321.359 and impose the additional tax pursuant to ORS
321.372; and
E. Waiver of Remonstrance. As a condition of approval for a new dwelling, the landowner shall sign and record in the Josephine County deed records a document that binds that landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS
30.936 or
30.937.
F. The applicant shall provide evidence to the Director that the domestic water supply is from a source authorized in accordance with the Water Resources Department's administrative rules for the appropriation of groundwater or surface water and not from a Class II stream as defined in the forest practices rules (OAR Chapter
629). For purposes of this section, "evidence of a domestic water supply" means:
1. Verification from a water purveyor that the use described in the application will be served by the purveyor under the purveyor's rights to appropriate water;
2. A water use permit issued by the Water Resources Department for the use described in the application; or
3. Verification from the Water Resources Department that a water use permit is not required for the use described in the application. If the proposed water supply is from a well and is exempt from permitting requirements under ORS
537.545, the applicant shall submit the well constructor's report to the County upon completion of the well.
G. As a condition of approval, if road access to the dwelling is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the U.S. Bureau of Land Management, or the U.S. Forest Service, then the applicant shall provide proof of a long-term road access use permit or agreement. The road use permit may require the applicant to agree to accept responsibility for road maintenance.
(2005 RLDC § 65.080; Amended by Planning Director, 10-28-2016; Ord. 2023-005 § 1)