OAR 660-041-0180: County Implementation of Measure 49 Authorizations

(1) The county with land use jurisdiction over the Measure 37 Claim Property must approve an application for a county permit submitted as provided in OAR 660-041-0090(8), based on current local standards, if the county finds that: (a) the approval of the proposed lots, parcels or dwellings is not prohibited by one or more current local siting or development standard(s) that the county finds are reasonably necessary in order to avoid or abate a nuisance, to protect public health or safety, or to carry out federal law; and (b) the owner has not received county permits for more than a total of 20 home site approvals statewide pursuant to Measure 49 Authorizations. (2) If the Measure 37 Claim Property is zoned for farm, forest or mixed farm and forest use, the county must also determine and find: (a) if the property is located on high-value farm or forest land, or on land within a ground water restricted area, as defined in these rules, each new lot or parcel does not exceed two acres; or (b) if the property is not located on high-value farm or forest land, and is not on land within a groundwater restricted area, as defined in these rules, each new lot or parcel does not exceed five acres; and (c) all new lots or parcels are located on the property in a manner that maximizes suitability of the remnant lot or parcel for farm or forest use. (3) If the owner has received Measure 49 Authorizations for more than one Measure 37 Claim Property, and proposes to cluster some or all of the authorized lots, parcels or dwellings on one of the Measure 37 Claim Properties by transferring the right to develop one or more authorized home sites from one or more other Measure 37 Claim Properties the county must determine: (a) if all affected properties are farm, forest, or mixed farm and forest zoned, the property on which the lots, parcels or dwellings are proposed to be clustered is less suitable than the other property or properties for farm or forest use; (b) if one or more of the affected properties is zoned for rural residential use, the clustered lots, parcels or dwellings are located on a property zoned for rural residential use; (c) that no home site approvals are transferred from a Measure 37 Claim Property that contains multiple dwellings on a single lot or parcel; (d) that the number of lots, parcels or dwellings that may be established on the Measure 37 Claim property to which additional home site approvals are transferred is reduced by the number of existing lots, parcels and dwellings on that Measure 37 Claim Property and on contiguous property in the same ownership in accordance with Section 6(2) of Measure 49; and (e) that following completion of the development based on the Measure 49 Authorizations, the net number of lots or parcels developed with dwellings on all the affected Measure 37 Claim Properties and contiguous properties in the same ownership will not exceed the number of home site approvals authorized for all affected properties. (4) Prior to the final approval of clustered lots or parcels as provided in OAR 660-041-0180(3), the owner shall provide evidence that a Declaration of Use Restriction has been recorded with the county clerk of every county where a Measure 37 Claim Property from which home site approvals have been transferred is located. (a) As depicted in Examples A and B, the Declaration of Use Restriction shall: (A) identify the Measure 37 Claim Property on which the lots, parcels or dwellings are approved to be clustered; (B) identify all the Measure 37 Claim Properties from which home site approvals are transferred; preclude on each Measure 37 Claim Property from which one or more home site approvals are transferred all future rights to establish new lots, parcels or dwellings other than any lot, parcel or dwelling established pursuant to a home site approval the owner did not transfer from the property; and (C) state that the Declaration of Use Restrictions is irrevocable, unless a statement of release is signed by an authorized representative of the county or counties where the affected property is located, which verifies that no lot, parcel or dwelling has been established pursuant to any home site approval that was approved for transfer and the approval of the transfer and clustering has been revoked or expired. (b) The county planning director or assignee shall maintain a copy of the Declaration of Use Restrictions and a map or other record depicting the Measure 37 Claim Property subject to the Declaration of Use Restrictions, filed in the county deed records. The map or other record required by this subsection shall be available to the public in the county planning office. Example A- Full Transfer Declaration of Property Use Restriction The undersigned ______________ (Declarant) is the owner of the Measure 37 claim property described in Exhibits A (Final Order and Authorization in claim Exxxxxx) and B (Final Order and Authorization in claim Exxxxxx); and The Declarant obtained authorizations under Measure 49, which authorized [X] lots or parcels developed with dwellings on the claim property described in Exhibit A, and [Y] lots or parcels developed with dwellings on the claim property described in Exhibit B; and The Declarant proposes to cluster on the property described in Exhibit A, all of the [X+Y] lots or parcels developed with dwellings described in Exhibits A and B, in accordance with ORS 195.305 Section 11(4). Because the lots or parcels developed with dwellings described in Exhibit B have been transferred to the property described in Exhibit A, recording this document establishes a restriction on the property described in Exhibit B prohibiting the establishment of any additional lots, parcels or dwellings on that property. This restriction cannot be removed unless a statement of release is signed by an authorized representative of the county or counties where the property described in Exhibit A is located, which verifies that lots, parcels or dwellings authorized to be clustered have not been established and the approval of the clustering has been revoked or expired; or until a change in zoning or other land use regulations renders the restrictions imposed by current zoning moot; the legislature provides by statute that this restriction can be removed; or the authorizations granted through Exxxxxx and Exxxxxx are otherwise determined to be no longer applicable. Dated this ___ day of _____, ____. [signature and notary] Example B – Partial Transfer Declaration of Property Use Restriction The undersigned ______________ (Declarant) is the owner of the Measure 37 claim property described in Exhibits A (Final Order and Authorization in claim Exxxxxx) and B (Final Order and Authorization in claim Exxxxxx); and The Declarant obtained authorizations under Measure 49, which authorized [X] lots or parcels developed with dwellings on the claim property described in Exhibit A, and [Y] lots or parcels developed with dwellings on the claim property described in Exhibit B; and The Declarant proposes to cluster on the property described in Exhibit A, [X + M] of the [X+Y] lots or parcels developed with dwellings described in Exhibits A and B, in accordance with ORS 195.305 Section 11(4). Because [M] of the [Y] lots or parcels developed with dwellings described in Exhibit B have been transferred to the property described in Exhibit A, [Y-M] lots or parcels developed with dwellings are authorized on the property described in Exhibit B. Recording this document, therefore, establishes a restriction on the property described in Exhibit B prohibiting the establishment of any lots, parcels or dwellings that would result in more than [Y-M] lots or parcels developed with dwellings on that property. This restriction cannot be removed unless a statement of release is signed by an authorized representative of the county or counties where the property described in Exhibit A is located, which verifies that lots, parcels or dwellings authorized to be clustered have not been established and the approval of the clustering has been revoked or expired; or until a change in zoning or other land use regulations renders the restrictions imposed by current zoning moot; the legislature provides by statute that this restriction can be removed; or the authorizations granted through Exxxxxx and Exxxxxx are otherwise determined to be no longer applicable. Dated this ___ day of _____, ____. [signature and notary] New Claim Rules (Ballot Measure 49)