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Benton County Surveyor's Office –
Partition Development Code

Chapter 95: Partitions

95.005 Scope. All partitions shall be subject to the provisions of this chapter. Partitions within the Corvallis Urban Growth Boundary shall also be reviewed pursuant to the Planned Unit Development standards contained in the Benton County Code (BCC) Chapter 100. For the purposes of this chapter, "road" means a public or private way that is created to provide ingress or egress for persons to two or more lots, parcels, areas or tracts of land, excluding a private way that is created to provide ingress or egress to such land in conjunction with the use of such land for forestry, mining, or agricultural purposes. [Ord 7, Ord 90-0069, Ord 92-0092, Ord 98-0141]

95.010 Deed Release. (1) The Planning Official may grant the owner or contract purchaser of land an exemption to the provisions of this chapter in order to secure financing for a portion of a parcel or lot.

(2) A division of land resulting from lien foreclosure shall be exempt from the provisions of this chapter.

(3) The applicant shall sign and submit for recording in the County Deed Records for the subject property a deed covenant containing the following statement in acknowledgement of the provisions of this section:

The Owner(s) or Contract Purchaser(s) agree to treat the land described herein as a single unit, notwithstanding the fact that portions may be given a separate tax account. Sale of any portion of the property without prior approval by Benton County of a land partition will be a violation of the Benton County Code, except that a division of land resulting from lien foreclosure shall be exempt from the provisions of the Benton County Code. [Ord 93-0097, Ord 96-0118]

95.050 Replatting. A replat of a recorded partition plat shall be reviewed as a new request for a partition and shall be subject to all provisions of this chapter. When a utility easement is proposed to be realigned, reduced in width or omitted by a replat, all affected utility companies or public agencies shall be notified consistent with BCC 51.605 to 51.615. [Ord 92-0092]

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Applications

95.105 Approval Process. The applicant is advised to consult with the Development Department staff prior to compiling necessary information for the preparation and submission of an application. Completion of a partition is accomplished through a two step review resulting in preliminary and final approvals. For purposes of appeal, a decision issuing or denying a preliminary approval may be appealed on the issues of compliance with the criteria in BCC 95.120. Final approval is a final decision for purposes of appeal on the issue of whether the applicant has complied with the conditions of approval imposed at preliminary approval. [Ord 90-0069, Ord 92-0092]

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95.110 Preliminary Series Partition Plat. (1) A landowner may partition a parent parcel into three parcels or lots through the provisions of this chapter. A landowner proposing to further partition the parent parcel into a fourth or subsequent parcel or lot shall first obtain approval of a preliminary series partition plat if the remaining acreage in the parent parcel exceeds three times the minimum parcel or lot size.

(2) The application for a preliminary series partition plat shall contain a partition plan showing the boundaries, acreage and frontage of any future parcels or lots, the location and width of future road rights-of-way, and existing structures, driveways, wells, septic systems and drainageways on the subject parcel or lot.

(3) Approval of a preliminary series partition plat is granted by the Planning Commission based on findings that each parcel or lot in the plan will comply with the standards set forth in BCC 95.120.

(4) The Planning Commission may impose conditions of approval to mitigate negative impacts to adjacent property, to meet the public service demand created by the proposed partitioning, or to otherwise ensure compliance with the purpose and provisions of this code. On-site and off-site conditions may be imposed. An applicant may be required to post a bond or other guarantee pursuant to BCC 99.905 to 99.920 to ensure compliance with a condition of approval.

(5) Land in an approved preliminary series partition plat may be partitioned pursuant to BCC Chapters 95 or 96 without further Planning Commission approval, provided the proposed partition does not deviate by more than ten percent (10%) from approved parcel or lot size or dimensions. A plat modification which exceeds this standard but otherwise substantially conforms to the approved preliminary series partition plat may be approved by the Planning Official, subject to notice requirements pursuant to BCC 51.605 to 51.625. [Ord 7, Ord 90-0069, Ord 96-0118]

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95.115 Applications for a Partition. An application for a partition shall be accompanied by:

(1) A sketch which illustrates the proposed partition. A survey is not required for the preparation of the sketch. The sketch shall show:

(a) The entire boundary of the parent parcel and the boundaries of each proposed parcel or lot;

(b) The acreage of each proposed parcel or lot;

(c) The amount of frontage of each proposed parcel or lot on an adjacent public road or street or on an existing private road or street;

(d) The location of any improvements, including buildings, driveways, wells and septic systems and the setbacks of existing buildings and septic systems to proposed property lines; and

(e) The location of any existing private road that will provide access to the proposed parcels or lots. If information is available, describe the location, grade, depth and composition of the road base, and the width of both the all weather surface and the base.

(2) A plan and profile of the proposed road if a road will be constructed to provide access to a proposed parcel or lot. The plan shall be accompanied by a topographic survey or contour map at two foot intervals if less than a fifteen percent (15%) slope (otherwise at five foot intervals). [Ord 90-0069, Ord 92-0092, Ord 96-0118]

95.120 Preliminary Approval. Preliminary approval is granted by the approving authority based on findings that the proposed partition:

(1) Complies with the criteria for creation of new parcels or lots of the zone in which the proposed parcels or lots are located;

(2) Complies with requirements for consideration of sensitive land conditions of BCC 99.105 to 99.110;

(3) Complies with the parcel or lot design criteria of BCC 99.305 to 99.315; and

(4) Complies with the access or frontage standards of BCC 99.405 to 99.420. [Ord 7, Ord 90-0069, Ord 92-0092, Ord 96-0118]

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95.125 Conditions of Approval. The following conditions shall be imposed at the time of preliminary approval and must be met prior to issuance of final approval:

(1) An Oregon licensed land surveyor shall survey and monument the parcels or lots, except that:

(a) A parcel or lot in a resource zone which exceeds ten (10) acres need not be surveyed or monumented.

(b) A parcel or lot in a non-resource zone which exceeds ten (10) acres or two and one-half times the minimum parcel or lot size, whichever is greater, need not be surveyed or monumented.

(c) Not withstanding BCC 95.125(1)(b), the Planning Official may require that all parcels and lots created by a partition be surveyed and monumented if the County Surveyor recommends that due to errors and discrepancies of previous surveys, a complete survey is in the best interest of the owners of the subject and adjoining parcels or lots, or if series partitions of the parent parcel necessitates a complete boundary survey to assure the planned development of the property.

(2) A partition plat shall be prepared by an Oregon licensed land surveyor in accordance with ORS Chapter 92 and County Surveyor Plat Standards. The surveyor shall submit the original plat and a true reproducible of the plat, and the filing fee to the County Surveyor.

(3) The applicant shall comply with the requirements of BCC 99.505 to 99.960 for roads, sewage disposal, water supply, and fire protection.

(4) All taxes, interest and penalties shall be paid in the manner prescribed for subdivision plats pursuant to ORS 92.095.

(5) The approving authority may impose any other conditions required by a specific section of this code or by State law. [Ord 7, Ord 90-0069, Ord 92-0092, Ord 96-0118]

95.130 Effective Period of Preliminary Approval. (1) The preliminary approval shall be effective for a period of one (1) year from the date of decision, after which time the approval automatically expires.

(2) The approving authority may extend the preliminary approval for one additional six (6) month period. The applicant shall submit a written request for extension to the Planning Official prior to expiration of the preliminary approval, stating reasons why the initial deadline was not met, and provide evidence that all conditions of approval will be completed within the extension period. [Ord 90-0069]

95.150 Final Approval. (1) Final approval is granted by the Planning Official based upon findings that the applicant has complied with all the conditions imposed in the preliminary approval. Final approval completes the land partition.

(2) To obtain final approval the applicant shall submit one set of documents demonstrating compliance with the conditions of approval.

(3) The landowner(s) or contract purchaser(s) shall acknowledge a documented recorded ownership interest in the parcel or lot by signing the partition plat. The signature shall be notarized.

(4) The Planning Official shall provide for signature of the plat by the Assessor and Tax Collector, or their designee(s), signifying payment of taxes, interest or penalties pursuant to ORS 92.095.

(5) The Planning Official shall signify final approval of the partition by signing the partition plat.

(6) The County Surveyor shall signify compliance with plat standards by signing the partition plat.

(7) All improvements to be dedicated to the public shall be installed to the satisfaction of the County Engineer prior to final approval of the partition. In lieu of complete installation of public improvements, an improvement agreement and performance guarantee may be submitted pursuant to BCC 99.905 to 99.920.

(8) The Board of Commissioners shall signify acceptance of any right-of-way dedication by signing the partition plat.

(9) The County Surveyor shall record the plat with the Benton County Records and Elections Office.

(10) ;The Assessor shall assign a new tax account to each parcel or lot in an approved partition plat. [Ord 7, Ord 90-0069, Ord 92-0092, Ord 96-0118]

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