| Condition | Subject | Trigger | Blocks Partition? |
|---|---|---|---|
| Condition 1 | SHPO Archaeological Consultation | Prior to ground disturbing activity | ✓ No |
| Condition 2 | Flood Certification by PE | Prior to development permits | ✓ No |
| Condition 3 | Wetland Delineation / DSL Concurrence | Prior to development permits | ✓ No |
| Condition 4 | Riparian Area Establishment | Prior to development permits | ✓ No |
| Condition 5 | Public Access Easement / Trail | At time of future development | ✓ No |
| Condition 6 | Riparian Area Development Restrictions | Development activity in Riparian Area | ✓ No — Explicitly Permitted |
| Condition 7 | Tree Removal Permit in Riparian Area | Tree / vegetation removal | ✓ No |
| Condition 8 | Trip Cap — 18,820 Daily / 1,890 PM Peak | Development generating vehicle trips | ✓ No |
Partitioning draws new lot lines on paper and does not disturb the ground. This condition is not triggered by a partition application. However, no physical work — grading, clearing, construction — can begin on any of the 15 parcels until SHPO consultation is complete.
Partition plats are not development permits. This condition is triggered when building permits, grading permits, or site development permits are applied for. Partition approval does not require a PE flood certification.
Not triggered by partition. However this is a critical strategic point: wetland boundaries directly affect the buildable area and therefore the value of each parcel. Wetlands mapped on this property may be more extensive than shown on the Salem-Keizer Local Wetland Inventory.
Not triggered by partition. However the riparian setback lines are essential to understanding net buildable area on every parcel touching Mill Creek. The 120-foot setback in IC and IG zones is substantial — on the 18.42-acre IG zone, this setback could consume a significant portion of each parcel.
Not triggered by partition. Triggered at time of development of each parcel. However the shared use path alignment from the Park System Master Plan will cross one or more of your 15 parcels, and the easement dedication will affect those parcels' net usable area.
Condition 6 restricts development activity within the Riparian Area established in Condition 4. However, it contains an explicit list of permitted exceptions. Land divisions and reconfigurations are expressly listed as a permitted activity — even within the most restricted riparian corridor. This is the strongest affirmative confirmation in the entire decision that partitioning is allowed.
Partitioning does not remove any trees or vegetation. This condition is entirely silent on partition plats. It activates only when physical removal of trees or native vegetation is proposed within the riparian setback area.
Partitioning generates zero vehicle trips. However this is your most critical long-term management obligation. The cap applies to the entire 390.5 acres collectively regardless of how many parcels it is divided into. As parcels are sold, each buyer's development must be tracked against the shared cap.
This analysis covers only the 8 conditions in the CPC-ZC23-02 Final Land Use Decision. This is not the only document governing this property. The five-lot subdivision approval SUB-UGA23-07 is referenced multiple times in the Final Decision as governing infrastructure requirements, including:
The subdivision conditions are not reproduced in these documents and have not been reviewed. Before filing any partition application, the complete SUB-UGA23-07 conditions of approval must be pulled from the City of Salem permit portal at permits.cityofsalem.net and reviewed by your land use counsel.
The current status of the five-lot final plat recording also matters. Partition applications can only be filed against legally recorded parcels. Confirm final plat recording at Marion County before proceeding.
Verify that SUB-UGA23-07 has recorded at Marion County this month. Pull the recorded plat to confirm exact lot configurations across the four zones.
Retrieve the complete subdivision conditions from permits.cityofsalem.net and have Britany Randall at Brand Land Use review for any anti-partition or infrastructure-first language.
Order title reports on all 5 lots immediately after final plat records. Identify all recorded easements, encumbrances, and restrictions before drawing partition lot lines.
Retain a surveyor and wetland biologist to map the top-of-bank, 50-foot and 120-foot setback envelopes, and wetland boundaries before finalizing partition lot line locations.
Begin site-wide archaeological consultation with Oregon SHPO and Tribes now. Complete it once for all 390 acres to clear Condition 1 across all 15 future parcels simultaneously.
Before recording partition plats, prepare a Trip Allocation Agreement assigning each parcel a proportional share of the 18,820 daily trip cap. Record as a covenant on all 15 parcels.