justicedao/ipfs_state_laws huggingface dataset:
660-012-0630 Bicycle Parking (1) Cities and counties shall require and plan for adequate parking to meet the increasing need for travel by bicycle and other small-scale mobility devices. (2) Cities and counties shall require bicycle parking for the following uses: (a) All new multi-unit development or mixed-use development of five residential units or more as provided in section (3); (b) All new retail development; (c) All new office and institutional developments; (d) All major transit stops, and any park-and-ride lots that require land use approval; and (e) Any land use where off-street motor vehicle parking is mandated. (3) Cities and counties shall require a minimum of one-half of a covered bicycle parking space per unit for multi-unit and mixed-use residential uses. Cities and counties may: (a) Allow for reductions or exemptions to the minimum parking requirement based on development-specific considerations; and (b) Exempt or reduce the minimum parking requirement for certain types of residential uses that are likely to have less future demand for bicycle parking. (4) Cities and counties shall adopt development regulations requiring all required bicycle parking provided must: (a) Either allow ways to lock at least two points on a bicycle, or be within a lockable space only available to authorized users; (b) Be installed in a manner to allow space for the bicycle to be maneuvered to a position where it may be secured without conflicts from stairs, other parked bicycles, walls, or other obstructions; (c) Be in a location that is convenient and well-lit; and (d) Include bicycle parking spaces to accommodate large bicycles, including family and cargo bicycles. (5) Cities and counties shall provide for public bicycle parking and allow and provide for parking and ancillary facilities for shared bicycles or other small-scale mobility devices in climate-friendly areas, Metro Region 2040 centers, and near key destinations identified as provided in OAR 660-012-0360. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 9-2023, amend filed 11/07/2023, effective 11/07/2023 LCDD 5-2023, temporary amend filed 05/12/2023, effective 05/12/2023 through 11/07/2023 LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0705 Public Transportation System Inventory (1) The public transportation system inventory must include information on local and intercity transit services, including the location of routes, major stations, transit stops, transitways, transit lanes, transit priority signals, queue jumps, on-route charging, and other transit supportive facilities not otherwise inventoried. The inventory must document which services and facilities are accessible for people with disabilities based on the requirements in the Americans with Disabilities Act, or locally adopted higher standards. (2) The public transportation system inventory must include the identification of existing service characteristics, including frequency and span of service for all services along identified transit priority corridors, serving key destinations, and serving major transit stations. (3) Where local or intercity transit services travel outside of the planning area to other cities, the public transportation system inventory must include the identification of routes connecting to the next nearest cities with a population exceeding 9,000, as well as key destinations and major stations these routes serve. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0710 Public Transportation System Requirements (1) Cities and counties shall plan for a connected local transit network that serves key destinations identified as provided in OAR 660-012-0360, and can be accessed by housing and jobs within the planning area. Cities must identify transit corridors, including: (a) Priority transit corridors, which are transit corridors that are planned for the highest levels of regional transit service providing for a wide range of mobility needs; and (b) Other transit corridors, which are planned to carry at least a moderate level of transit service providing for basic mobility needs. (2) Cities and counties shall plan for a range of transit supportive facilities along priority transit corridors and in other locations where transit priority is desired. Cities and counties shall: (a) Coordinate with transit service providers to determine transit priority infrastructure needed on priority transit routes for efficient transit service; (b) Prioritize expedited access for transit vehicles to and from major stops, stations, and terminals; and (c) Consider intercity transit access to stations or terminals. (3) Cities and counties shall plan for safe and accessible transit stops and stations. (a) Along priority transit corridors and other locations where transit priority is desired, cities and counties shall coordinate with transit service providers on the construction of transit supportive facilities. Cities and counties shall allow transit service providers to construct amenities at stops outright, with limited permitting requirements. These amenities include but are not limited to: pedestrian facility repair and extension, signage, lighting, benches, and shelters. (b) Cities and counties shall limit on-street parking at transit stop locations at the request of a transit service provider. (4) Cities and counties shall coordinate with transit service providers to identify needs for intercity transit services at a level appropriate to the size of the urban area and the size and distance of intercity markets. (5) Cities and counties shall coordinate with transit service providers to identify gaps in transit service provided in the transportation system plan, and gaps for each priority transit corridor and other transit corridors. (6) Cities and counties with an urban area of less than 10,000 population need not plan for priority transit corridors. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0720 Public Transportation System Projects (1) Cities and counties shall develop a list of public transportation projects that would address all the gaps and deficiencies in the public transportation system identified by the city under OAR 660-012-0700(4). (2) Cities and counties shall coordinate with transit service providers to identify the gaps in transit service provided in the transportation system plan and those identified in a land use and transportation scenario plan as provided in OAR 660-044-0110 or in the Statewide Transportation Strategy as adopted by the Oregon Transportation Commission, including the gap in transit miles per capita, and gaps for each priority transit corridor and other transit corridors. The purpose of identifying these gaps is to illustrate the need for transit service operating funds for services operated within the planning area. The transportation system plan need not make provisions for funding operations of transit services directly. (3) Cities and counties shall develop public transportation system project prioritization factors that are able to sort the list of public transportation system projects into a prioritized list of public transportation system projects. Cities must develop public transportation project prioritization factors by engaging underserved populations as provided in OAR 660-012-0130. (4) Cities and counties shall use the following factors when prioritizing public transportation system projects: (a) Public transportation system investments in climate-friendly areas and Metro Region 2040 centers; (b) Public transportation system investments in areas with concentrations of underserved populations, particularly in areas with concentrations of people dependent on public transportation; (c) Public transportation system investments that provide access to key public transportation destinations identified as provided in OAR 660-012-0360; (d) Public transportation system investments that will connect to, fill gaps in, and expand the existing public transportation network; (e) Public transportation system investments that prioritize transit travel consistent with the prioritization factors in OAR 660-012-0155; and (f) Where applicable, public transportation system investments that implement a scenario plan approved by order as provided in OAR 660-044-0120. (5) The transportation system plan must include a description of the prioritization factors and method of prioritizing public transportation projects used to develop the prioritized list of public transportation projects. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0800 Street and Highway System Planning (1) Transportation system plans must include a street and highway system element that meet the requirements of this rule. (2) A street and highway system element must include the following elements: (a) The complete street and highway system as described in section (3) that includes the full buildout of the street and highway system within the urban growth boundary. (b) Identification of gaps or deficiencies in the street and highway system as described in section (4); (c) Locations of key destinations identified as provided in OAR 660-012-0360; and (d) A list of prioritized street and highway system projects developed as provided in OAR 660-012-0820. (3) The complete street and highway system is the full buildout of a complete street and highway system within the planning area. A city determines the ultimate street and highway system plan by: (a) Using the street and highway system inventory developed under OAR 660-012-0805 as a base; (b) Adding the minimum street and highway facilities to places that do not presently meet the minimum street and highway system requirements in OAR 660-012-0810; and (c) Accommodating the reallocation of right of way on facilities where this is deemed necessary as provided in this division. (4) Cities and counties shall identify gaps and deficiencies in the street and highway system by comparing the complete street and highway system with the street and highway system inventory developed under OAR 660-012-0805. Cities must include any part of the complete street and highway system not presently built to the standard in the ultimate street and highway plan as a gap or deficiency. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0805 Street and Highway System Inventory (1) Street and highway system inventories must include information on all streets and highways, including the functional classification of each facility. (a) For local streets, inventories must include location. (b) For collector streets, inventories must include location, condition, and number of general-purpose travel lanes, and turn lanes. (c) For arterial streets, inventories must include location, condition, and number of general-purpose travel lanes, turn lanes, and lane width. (d) For expressways and other limited-access highways, inventories must include location, condition, number of general-purpose travel lanes, and lane width. Inventories must also include locations and type of interchanges. (2) Street and highway system inventories must include the location of all reported serious injuries and deaths of people related to vehicular crashes. This must include all reported incidents from the most recent five years of available data prior to the year of adoption of the street and highway system inventory. (3) Street and highway system inventories must include an overview of pricing strategies in use, including specific facility pricing, area or cordon pricing, and parking pricing. Inventories must include pricing mechanisms and rates. (4) Street and highway system inventories must include the location of designated freight routes, and the location of all key freight terminals within the planning area, including intermodal terminals. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0820 Street and Highway Projects (1) Cities and counties shall develop a list of street and highway system projects that would address the gaps and deficiencies in the street and highway system. (2) Cities and counties shall develop street and highway project prioritization factors that are able to sort the list of street and highway system projects into a prioritized list of street and highway system projects. Cities must develop street and highway project prioritization factors by engaging underserved populations as provided in OAR 660-012-0130. (3) Cities and counties shall use the following factors when prioritizing street and highway system projects: (a) Street and highway investments that reallocate right-of-way from facilities dedicated to moving motor vehicles to those for use by the pedestrian, bicycle, and public transportation systems, particularly: (A) In climate-friendly areas and Metro Region 2040 centers; (B) In areas with concentrations of underserved populations; and (C) In areas with reported serious injuries and deaths. (b) Street and highway system investments that will fill gaps in the existing street network; (c) Street and highway system investments consistent with the prioritization factors in OAR 660-012-0155; (d) Street and highway system investments that will help meet the performance targets set as provided in OAR 660-012-0910; and (e) Street and highway system investments consistent with a scenario plan approved by order as provided in OAR 660-044-0120. (4) The transportation system plan must include a description of the prioritization factors and method of prioritizing street and highway projects used to develop the prioritized list of street and highway system projects. (5) Cities or counties choosing to include a proposed facility requiring authorization as provided in OAR 660-012-0830 in the transportation system plan must first meet the requirements provided in OAR 660-012-0830. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0905 Land Use and Transportation Performance Measures (1) Cities, counties, and Metro that have a land use and transportation scenario approved by the commission as provided in OAR 660-044-0050 or OAR 660-044-0120 shall report on the performance measures from the approved regional scenario plan. (2) Cities and counties that do not have a land use and transportation scenario approved by the commission as provided in OAR 660-044-0120 shall report on the specific actions, including capital improvements and the adoption of policies or programs that they have or will undertake to reduce pollution and increase equitable outcomes for underserved populations. At a minimum, this report must include the following performance measures: (a) Compact Mixed-Use Development (A) Number of publicly supported affordable housing units in climate-friendly areas. (B) Number of existing and permitted dwelling units in climate-friendly areas and percentage of existing and permitted dwelling units in climate-friendly areas relative to total number of existing and permitted dwelling units in the jurisdiction. (C) Share of retail and service jobs in climate-friendly areas relative to retail and service jobs in the jurisdiction. (b) Active Transportation (A) Percent of collector and arterial streets in climate-friendly areas and underserved population neighborhoods with bicycle and pedestrian facilities with Level of Traffic Stress 1 or 2. (B) Percent of collector and arterial streets in climate-friendly areas and underserved population neighborhoods with safe and convenient marked pedestrian crossings. (C) Percent of transit stops with safe pedestrian crossings within 100 feet. (c) Transportation Options (A) Number of employees covered by an Employee Commute Options Program. (B) Number of households engaged with Transportation Options activities. (C) Percent of all Transportation Options activities that were focused on underserved population communities. (d) Transit (A) Share of households within one-half mile of a priority transit corridor. (B) Share of low-income households within one-half mile of a priority transit corridor. (C) Share of key destinations within one-half mile of a priority transit corridor. (e) Parking Costs and Management: Average daily public parking fees in climate-friendly areas. (f) Transportation System (A) Vehicle miles traveled per capita. (B) Percent of jurisdiction transportation budget spent in climate-friendly areas and underserved population neighborhoods. (C) Share of investments that support modes of transportation with low pollution. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 197.012, ORS 197.712 & ORS 468A.205 History: LCDD 9-2023, amend filed 11/07/2023, effective 11/07/2023 LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0910 Land Use and Transportation Performance Targets (1) Cities, counties, and Metro must set performance targets for each reporting year for each performance measure provided in OAR 660-044-0110 and OAR 660-012-0905 in their local transportation system plan. Performance targets for the performance measures provided in OAR 660-012-0905 must be set at levels that are reasonably likely to achieve the regional performance targets from an approved land use and transportation scenario plan as provided in OAR 660-044-0110 or the regional performance targets from the Statewide Transportation Strategy as adopted by the Oregon Transportation Commission. (2) Cities, counties, and Metro that have a land use and transportation scenario approved by the commission as provided in OAR 660-044-0120 must set targets for equity performance measures in a transportation system plan as provided in OAR 660-044-0110(9)(c). (3) Cities, counties, and Metro shall set performance targets in any major update to their transportation system plan as provided in OAR 660-012-0105. If a city or county has not yet set targets and is submitting a major report as provided in OAR 660-012-0900(7), then the city or county shall set performance targets through a minor update to their transportation system plan. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 184.899, ORS 197.012, ORS 197.712 & ORS 468A.205 History: LCDD 9-2023, amend filed 11/07/2023, effective 11/07/2023 LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-012-0920 Compliance Hearings (1) The commission shall hold a compliance hearing in response to referral from the director at its next regularly scheduled meeting that is at least 30 days after the referral. (2) The commission may hold a compliance hearing on its own motion or in response to an allegation that a city, county, or Metro has: (a) Missed a deadline in this division; (b) Missed a deadline in OAR 660-044-0015; (c) Failed to implement corrective actions required by this division; or (d) Failed to comply with a requirement in this division. (3) The department shall post notice of a compliance hearing on a public website and send notice to the parties. (4) At the compliance hearing the commission shall: (a) Consider the director’s written and oral report; and (b) Consider oral testimony and written testimony provided at least 14 days prior to the hearing from a city, a county, or Metro and any persons who provided written comment as provided in OAR 660-012-0915(3)(b). (5) The commission may evaluate the compliance of the cities and counties within a metropolitan area in a collective evaluation, or the commission may evaluate the compliance of an individual city or county separately. (6) If the commission finds that a report meets the requirements of this division, or that the city, county, or Metro is in compliance with the requirements of this division, then the commission shall issue an order of approval. (7) If the commission finds a city, a county, or Metro out of compliance with the requirements of this division, the commission may use any authority granted to commission, including but not limited to the actions below. (a) Issue an order to remand a report with specific directions for changes necessary to comply with this division; (b) Issue an enforcement order as provided in ORS 197.319 through 197.335; (c) Issue an order to invalidate the acknowledgement of local transportation system plans that are not consistent with an approved Land use and Transportation Scenario Plan; and (d) Provide notice to the Oregon Department of Transportation and the United States Department of Transportation of the lack of compliance with state planning requirements. (8) The director shall mail the order to all parties. (9) A commission order under this rule may be reviewed as provided in ORS 183.484 for orders in other than a contested case. Reports and orders as provided in this rule are not land use decisions. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 183.484, ORS 197.012, ORS 197.319-ORS 197.335 & ORS 197.712 History: LCDD 3-2022, adopt filed 08/17/2022, effective 08/17/2022 LCDD 2-2022, temporary adopt filed 06/01/2022, effective 06/01/2022 through 11/27/2022
660-013-0010 Purpose and Policy (1) This division implements ORS 836.600 through 836.630 and Statewide Planning Goal 12 (Transportation). The policy of the State of Oregon is to encourage and support the continued operation and vitality of Oregon’s airports. These rules are intended to promote a convenient and economic system of airports in the state and for land use planning to reduce risks to aircraft operations and nearby land uses. (2) Ensuring the vitality and continued operation of Oregon’s system of airports is linked to the vitality of the local economy where the airports are located. This division recognizes the interdependence between transportation systems and the communities on which they depend. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 836.600 - 836.635 & 1997 OL & ch. 859 History: LCDD 3-1999, f. & cert. ef. 2-12-99 LCDC 6-1996, f. & cert. ef. 12-23-96