Partition Your Land into Three or Less Lots

Categories:

If you want to divide your property into three or fewer parcels of land, then you need to apply for a partition. The approval process starts with the tentative plan review outlined below and ends with finalizing your land survey.

Step 1: Tentative plan review

An application for a partition tentative plan is processed as a Type II Procedure under Salem Revised Code (SRC) Chapter 300.

Process

  • Neighborhood Association Contact. Neighborhood association contact, pursuant to SRC 300.310, is required prior to submitting this land use application.  Prior to submitting a land use application requiring neighborhood association contact, the applicant shall contact the City-recognized neighborhood association(s) whose boundaries include, or are adjacent to, the subject property via e-mail or mailed letter. The e-mail or mailed letter shall be sent to the chair(s) and land use chair(s) of the applicable neighborhood association(s) prior to submitting the land use application and contain the following information:

    • The name, telephone number, and e-mail address of the applicant;

    • The address of the subject property;

    • A summary of the proposal;

    • A conceptual site plan, if applicable, that includes the proposed development; and

    • The date on which the e-mail or letter is being sent.

  • Application. You must submit all required items listed in the application checklist section below to the Permit Application Center.

  • Completeness review. Staff reviews your application for completeness.

    • If the application is not complete, you will be notified as to what information is missing and will have 180 days to submit the additional information.

    • If all of the required information is submitted the application  will be deemed complete and the comment period will begin.

    • You may track the status of your application online at the City of Salem permit tracking webpage.

  • Public comment period. Once the required information is submitted and the application is deemed complete:

    • Staff sends a notice of proposal to the applicant, property owner(s), neighborhood association, property owners within 250 feet, all addresses within 250 ft., all addresses on the subject property, and any active and duly incorporated Homeowner's Association (HOA) involving the subject property, indicating a public comment period of 14 days.

  • Conformance review. Once a complete application is submitted, staff reviews the proposed partition plan to determine if it meets the criteria in SRC 205.005(d).

  • Decision. The Planning Administrator makes a decision to approve or deny your application depending on whether or not the proposal meets the applicable criteria.

    • Staff sends a copy of the decision (noting the 15-day appeal period) to you, the property owner, the neighborhood association, neighboring property owners within 250 feet, all addresses within 250 ft., all addresses on the subject property, and any active and duly incorporated Homeowner's Association (HOA) involving the subject property.

    • If you decide not to appeal the decision and the City Council does not initiate review of the application, the partition tentative plan decision becomes effective.

Application Checklist

You need to apply in person at the Permit Application Center, bringing the following:

  • Completed land use application form. The application form must be signed by the:

    • Applicant(s)

    • Property owner(s)

    • Duly authorized representative(s).

    • If the applicant and/or the property owner are a Limited Liability Company (LLC), you must also provide a list of all members of the LLC with your land use application.

  • Application fee. You must pay the application fee when you file your application.

  • Recorded deed/land sales contract with legal description. You must submit a copy of the recorded deed/land sales contract of your total contiguous ownership.

  • Homeowners Association Information. A statement indicating whether the subject property is subject to an active and duly incorporated Homeowner's Association (HOA) registered with the Oregon Secretary of State. If so, the applicant shall provide the HOA name, name of the registered agent and the mailing address for the registered agent.

  • Trip Generation Estimate form. You must complete a TGE form and submit it to the Traffic Engineering section of the Public Works Department (Room 325). Staff will decide whether or not a Transportation Impact Analysis is necessary.

    • If a TIA is not required, you must submit the completed and approved TGE form with your application.

    • If a TIA is required, the TIA must be completed and approved by Public Works prior to completion of all land use applications.

  • Neighborhood Association Contact. A copy of the required e-mail or letter to the neighborhood association, and a list of the e-mail or postal addresses to which the e-mail or letter was sent shall be submitted or the land use application will not be accepted.

  • Written statement. You must provide a written statement that describes your proposal and how it meets the criteria for a partition tentative plan (SRC 205.005(d)):

    •  Your partition tentative plan complies with the standards of SRC Chapter 205 and all applicable provisions of the Unified Development Code (UDC), including, but not limited to the following:
      • Lot standards (lot width, depth, lot frontage, designation of front and rear lot lines, etc.)

      • City infrastructure standards

      • Any special development standards (floodplain development, special setback, geological or geotechnical analysis, vision clearance, etc.).

    • Your partition tentative plan does not impede the future use or development of the property or adjacent land.

    • Development within the partition tentative plan can be adequately served by City infrastructure.

    • The street system in and adjacent to the partition tentative plan conforms to the Salem Transportation System Plan.

    • The street system in and adjacent to the partition tentative plan is designed so as to provide for the safe, orderly, and efficient circulation of traffic into, through, and out of the partition.

    • The partition tentative plan takes into account the topography and vegetation of the site so the need for variances or adjustments is minimized to the greatest extent practicable.

    • The layout, size, and dimensions of the parcels within the partition tentative plan take into account the topography and vegetation of the site, such that the least disruption of the site, topography, and vegetation will occur from the reasonable development of the parcels.

    • When the partition tentative plan is for property located more than 300 feet from an available sewer main, and the property will not connect to City water and sewer:

      • The property is zoned residential;

      • The property has received a favorable site evaluation from the county sanitarian for the installation of an on-site sewage disposal system;

      • The proposed parcels are at least 5 acres in size and, except for flag lots, have no dimension that is less than 100 feet.

  • Title report. You must provide a current title report for the property.

  • Tree inventory and tree conservation plan. You must complete and submit a tree inventory on a form as provided by the Director and, if required under SRC Chapter 808, a tree conservation plan.

  • Preliminary Grading Plan. Required when grading of the subject property will be necessary to accommodate the proposed development.

  • Geological assessment or geotechnical report. You must submit a geological assessment or geo-technical report if required by SRC Chapter 810.

  • Proposed stormwater management system. You must submit a description of the proposed stormwater management system, including pre- and post-construction conditions, prepared in accordance with the Public Works Design Standards.

  • Schematic utility plan. You must submit a schematic plan showing the location of existing and proposed City infrastructure.

  • Future division plan.

    • For residentially zoned property, where the partition will result in a parcel that is one-half acre or larger, you must submit a plan for the parcel showing the location of a lot or parcel lines and other details of layouts, and demonstrating that future further division of the parcel may readily be made without violating the development standards of the UDC and without interfering with the orderly extension and connection of adjacent streets.

    • For partitions of property located more than 300 feet from an available sewer main, and the property will not connect to the City water or sewer, you must provide a plan showing:

      • The location of lot lines and other details of layout demonstrating that the further division and full development of the property to the urban densities allowed by the Comprehensive Plan may readily be made in conformance with the development standards of the UDC, and without interfering with the orderly extension and connection of adjacent streets.

      • The approximate location of City infrastructure following full development to the urban densities allowed by the Comprehensive Plan.

  • Expedited land division form. You must submit an expedited land division application form which explains a land division applicant's ability under state law to request an expedited land division process. You must indicate on this form whether you are requesting an expedited land division process.

  • Partition tentative plan. The plan must include the following information:

    • Title Block Area that indicates:

      • The type of application (i.e., "Partition Tentative Plan")

      • The names and addresses of the landowner

      • The names and addresses of the professional engineers or surveyors responsible for preparing the plan, the township, range and section of the subject property

      • Scale and north arrow

    • The location of all property lines within 50 feet of the perimeter of the subject property

    • The boundaries, dimensions, and area of each proposed parcel

    • The location, width, and names of all existing streets, flag lot accessways, and public accessways abutting the perimeter of the subject property

    • The location, width, curve radius, grade, and names of all proposed streets, flag lot accessways, and public accessways

    • The location of all existing and proposed easements

    • The location, dimensions and use of all existing and proposed public areas, including, but not limited to, stormwater management facilities, detention facilities

    • The location, dimensions, and use of any existing buildings and structures on the subject property, indicating which will remain and which will be removed

    • The location of any canals, ditches, waterways, detention facilities, sewage disposal systems, and wells on the subject property, indicating which will remain and which will be removed or decommissioned

    • The location of any natural topographic features on the subject property, including, but not limited to, creeks, drainage ways as shown on the most recent USGS maps, wetlands as shown on the Local Wetland Inventory, and flood plains.

Step 2: Finalize your land survey (plat)

Once you have tentative plan approval, you will work with the City’s Public Works Department and your land surveyor to finalize your land survey and record your plat.

Learn how to finalize your land survey

Contact us

Permit Application Center Planning Desk
Monday–Friday
8:00 a.m.–5:00 p.m.
555 Liberty ST SE RM 320
Salem OR 97301
Mailing address:
555 Liberty ST SE RM 305
Salem OR 97301
Phone: 
Follow us
Twitter: 
@cityofsalem