Klamath County Planning Department Klamath County Government Center - 305 Main Street, Klamath Falls, Oregon 97601 Phone 1-541-883-5121 Toll Free in Oregon 1-800-426-9763 Fax 1-541-885-3644

Land Partition Application

Submittal Requirements (Please include the following with the application and the application fee.)

1. Land Use Application Form 2. Burden of Proof 3. Proof of Ownership (current deed) 4. Power of Attorney or Agent for Owner Authorization Form (if someone other than the property owner is signing the application form) 5. Proof of Lawful Creation (copy of all deeds for the property from April 23, 1979 through current deed, or land partition number, or legal subdivision lot number if applicable) 6. Proof of Legal Access to the property from a Public Road (if the property is not on a public road, provide all recorded easements) 7. Tentative plan (8 copies). Additional copies may be requested if needed.

8. One 8 ½” X 11” or 11”X17”Copy of the Tentative Plan

Land Partition Application Form Rev 11-17

Klamath County Planning Dept. Land Use Application Form Land Partition Filing Fee: ______No. of Lots ______File No.______Applicant Name: ______Phone#1 ______Address: ______Phone #2 ______City: ______State: ______Zip: ______E-mail: ______

Property Owner (if different than above) Name: ______Phone#1 ______Address: ______Phone #2 ______City: ______State: ______Zip: ______E-mail: ______

Property Description Assessor’s Map & Tax Lot Number: Township ______Range ______Section ______Tax Lot(s)______(Provide list if multiple township, range, and section numbers.) Street Address: ______Acreage ______Zoning ______Current use(s) of the property ______List all adjoining properties under the same ownership: ______Signatures I hereby certify that I am the legal owner(s), or authorized agent for the owner(s), of the above noted property; that the information contained herein is accurate to the best of my knowledge; and that the requested land use permit will not violate any deed restrictions attached to the property.

______Owner/Authorized Agent Date

______Owner/Authorized Agent Date

If an Agent is acting on behalf of the Legal Property Owner, a notarized AGENT FOR OWNER AUTHORIZATION FORM must be submitted with this application.

Land Partition Application Form Rev 11-17

BURDEN OF PROOF STATEMENT

In order to be granted approval, it is the applicant’s responsibility to demonstrate that the following criteria have been met. Please attach additional sheets entitled Burden of Proof with the following statements and your responses.

Article 45.040 – Partition Review Criteria

1. Explain how the proposed partition is in conformance with all standards of the KCLDC including lot size and shape (Article 61), building heights and setbacks (Article 62), sewer and water services and fire protection (Article 74 or 75) and applicable state statutes.

2. Explain how the subject property is physically suitable for the type and proposed density of development and conforms to zone standards:

3. Explain how the parcels are located and laid out to properly relate to adjoining or nearby lot or parcel lines, utilities, street, or other existing or planned facilities:

4. Explain how the sewer and water facilities and existing fire protection services are adequate to serve the density of development resulting from the proposed partition.

5. Explain how the proposed partition will not conflict with legally established easements or access within or adjacent to the parcel configuration resulting from subject property.

6. Indicate whether the proposed partition will prohibit the extension of dedicated streets or roads.

If dividing Exclusive Farm Use zoned property, please answer the following additional questions from the appropriate category:

For Farmable Ground Article 54.090(A)

7. Indicate whether the proposed parcels meet the minimum lot size of 80 acres, or 160 acres in the EFU-G zone.

8. Explain how the parcels are of sufficient size and configuration such that they are efficient for agricultural use employing accepted farming practices.

9. Explain how the land division will not materially alter the stability of the overall land use pattern in the area.

For non-agricultural divisions for non-farm uses Article 54.090(B)

10 .Explain which use, enumerated in section 54.030, is being proposed and explain how the proposed parcel is not larger than the minimum size necessary to accommodate the proposed use, and that the parcels are designed to utilize land generally unsuitable for the production of crops or livestock.

For non-agricultural divisions for non-farm dwellings Article 54.090(C)(1)

11. Have the non-farm dwellings been approved under Section 54.070?

Land Partition Application Form Rev 11-17

12. Was the parcel to be divided lawfully created prior to July 1, 2001?

13. Does the remainder of the lot or parcel that does not contain the non-farm dwellings still comply with the minimum lot size under Section 54.090, after the division?

14. Explain how the parcels for the non-farm dwellings are generally unsuitable for the production of farm crops and livestock or merchantable tree species considering the terrain, adverse soil or land conditions, drainage or flooding, vegetation, location and size of the tract? A parcel may not be considered unsuitable based solely on size or location if the parcel can reasonably be put to farm or forest use in conjunction with other land.

For Agricultural divisions of land equal to or less than the minimum lot size but at least 40 acres in size 54.090(C)(2)

15. Have any proposed non-farm dwellings been approved under Section 54.070?

16. Was the parcel to be divided lawfully created prior to July 1, 2001?

17. Explain that the parcels for the non-farm dwellings are not capable of producing more than at least 20 cubic feet per acre per year of wood fiber; and are either composed of at least 90 percent Class VII & VIII soils, or composed of at least 90 percent Class VI through VIII soils and are not capable of producing adequate herbaceous forage for grazing livestock.

18. Indicate whether the parcels for the non-farm dwellings have established water rights for irrigation.

19. Explain why the parcels for the non-farm dwellings are generally unsuitable for the production of farm crops and livestock or merchantable tree species considering the terrain, adverse soil or land conditions, drainage or flooding, vegetation, location and size of the tract. A parcel may not be considered unsuitable based solely on size or location if the parcel can reasonably be put to farm or forest use in conjunction with other land.

If dividing Forestry zoned property or Forestry/Range zoned property that has not been in farm tax deferral since 1993, please answer the following additional questions from the appropriate category:

1. The parcels created shall be no less than 80 acres; and 2. The proposed division is consistent with the forest use policies of the Comprehensive Plan; and 3. The proposed division does not materially alter the stability of the overall land use pattern in the area; and 4. The proposed division provides for resultant parcels of sufficient size to ensure that forest uses and practices may take place in a cost effective manner.

Land Partition Application Form Rev 11-17