Oregon Administrative Rules
Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT
Division 41 - MEASURE 49 - EXISTING CLAIM RULES (MEASURE 37 CLAIMS, INCLUDING SUPPLEMENTAL REVIEW UNDER BALLOT MEASURE 49)
Section 660-041-0180 - County Implementation of Measure 49 Authorizations

(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.

(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.

(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.

(a) As depicted in Examples A and B, the Declaration of Use Restriction shall:

(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)