justicedao/ipfs_state_laws huggingface dataset:
660-011-0035 Determination of Rough Cost Estimates for Public Facility Projects and Local Review of Funding Mechanisms for Public Facility Systems (1) The public facility plan shall include rough cost estimates for those sewer, water, and transportation public facility projects identified in the facility plan. The intent of these rough cost estimates is to: (a) Provide an estimate of the fiscal requirements to support the land use designations in the acknowledged comprehensive plan; and (b) For use by the facility provider in reviewing the provider’s existing funding mechanisms (e.g., general funds, general obligation and revenue bonds, local improvement district, system development charges, etc.) and possible alternative funding mechanisms. In addition to including rough cost estimates for each project, the facility plan shall include a discussion of the provider’s existing funding mechanisms and the ability of these and possible new mechanisms to fund the development of each public facility project or system. These funding mechanisms may also be described in terms of general guidelines or local policies. (2) Anticipated financing provisions are not considered land use decisions as specified in ORS 197.712(2)(e) and, therefore, cannot be the basis of appeal under ORS 197.610(1) and (2) or 197.835(4). Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.712 History: LCDC 4-1984, f. & ef. 10-18-84
660-011-0040 Date of Submittal of Public Facility Plans The public facility plan shall be completed, adopted, and submitted by the time of the responsible jurisdiction’s periodic review. The public facility plan shall be reviewed under OAR chapter 660, division 25, “Periodic Review” with the jurisdiction’s comprehensive plan and land use regulations. Portions of public facility plans adopted as part of comprehensive plans prior to the responsible jurisdiction’s periodic review will be reviewed pursuant to OAR chapter 660, division 18, “Post Acknowledgment Procedures.” Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.712 History: LCDC 4-1984, f. & ef. 10-18-84
660-011-0050 Standards for Review by the Department The Department of Land Conservation and Development shall evaluate the following, as further defined in this division, when reviewing public facility plans submitted under this division: (1) Those items as specified in OAR 660-011-0010(1); (2) Whether the plan contains a copy of all agreements required under OAR 660-011-0010 and 660-011-0015; and (3) Whether the public facility plan is consistent with the acknowledged comprehensive plan. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.712 History: LCDC 4-1984, f. & ef. 10-18-84
660-011-0065 Water Service to Rural Lands (1) As used in this rule, unless the context requires otherwise: (a) “Establishment” means the creation of a new water system and all associated physical components, including systems provided by public or private entities; (b) “Extension of a water system” means the extension of a pipe, conduit, pipeline, main, or other physical component from or to an existing water system in order to provide service to a use that was not served by the system on the applicable date of this rule, regardless of whether the use is inside the service boundaries of the public or private service provider. (c) “Water system” shall have the same meaning as provided in Goal 11, and includes all pipe, conduit, pipeline, mains, or other physical components of such a system. (2) Consistent with Goal 11, local land use regulations applicable to lands that are outside urban growth boundaries and unincorporated community boundaries shall not: (a) Allow an increase in a base density in a residential zone due to the availability of service from a water system; (b) Allow a higher density for residential development served by a water system than would be authorized without such service; or (c) Allow an increase in the allowable density of residential development due to the presence, establishment, or extension of a water system. (3) Applicable provisions of this rule, rather than conflicting provisions of local acknowledged zoning ordinances, shall immediately apply to local land use decisions filed subsequent to the effective date of this rule. [ED. NOTE: Goal referenced is available from the agency.] Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.712 History: LCDD 4-1998, f. & cert. ef. 7-28-98
660-012-0010 Transportation Planning (1) As described in this division, transportation planning shall be divided into two phases: transportation system planning and transportation project development. Transportation system planning establishes land use controls and a network of facilities and services to meet overall transportation needs. Transportation project development implements the TSP by determining the precise location, alignment, and preliminary design of improvements included in the TSP. (2) It is not the purpose of this division to cause duplication of or to supplant existing applicable transportation plans and programs. Where all or part of an acknowledged comprehensive plan, TSP either of the local government or appropriate special district, capital improvement program, regional functional plan, or similar plan or combination of plans meets all or some of the requirements of this division, those plans or programs may be incorporated by reference into the TSP required by this division. Only those referenced portions of such documents shall be considered to be a part of the TSP and shall be subject to the administrative procedures of this division and ORS Chapter 197. (3) It is not the purpose of this division to limit adoption or enforcement of measures to provide convenient bicycle and pedestrian circulation or convenient access to transit that are otherwise consistent with the requirements of this division. Statutory/Other Authority: ORS 183, 197.040 & 197.245 Statutes/Other Implemented: ORS 195.025, 197.040, 197.230, 197.245, 197.712 & 197.717 History: LCDC 4-1995, f. & cert. ef. 5-8-95 LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0011 Applicable Rules (1) OAR 660-012-0000, OAR 660-012-0005, OAR 660-012-0010, OAR 660-12-0011, OAR 660-12-0050, OAR 660-012-0060, OAR 660-012-0065, and OAR 660-012-0070 apply statewide, where this division is applicable. (2) OAR 660-012-0012 and OAR 660-012-0100 through OAR 660-012-0920 apply to the following local governments: (a) Cities within metropolitan areas; (b) Portions of counties within urban growth boundaries of cities in metropolitan areas; and (c) Metro and cities and portions of counties within the Metro urban growth boundary. (3) OAR 660-012-0010 through OAR 660-012-0045 and OAR 660-012-0055 apply to all local governments other than those listed in section (2) of this rule, where this division is applicable. (4) Cities or counties that otherwise would be required to use rules as provided in section (3), may choose to instead adopt a transportation system plan meeting the rules that apply to jurisdictions as provided in section (2). Upon acknowledgement of such a transportation system plan, the city shall continue to be subject to these rules in all respects. (5) All cities are either subject to the rules in section (2) or section (3), but not both. (6) Counties may have different applicable rules in different parts of the county. 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
660-012-0025 Complying with the Goals in Preparing Transportation System Plans; Refinement Plans (1) Except as provided in section (3) of this rule, adoption of a TSP shall constitute the land use decision regarding the need for transportation facilities, services and major improvements and their function, mode, and general location. (2) Findings of compliance with applicable statewide planning goals and acknowledged comprehensive plan policies and land use regulations shall be developed in conjunction with the adoption of the TSP. (3) A local government or MPO may defer decisions regarding function, general location and mode of a refinement plan if findings are adopted that: (a) Identify the transportation need for which decisions regarding function, general location or mode are being deferred; (b) Demonstrate why information required to make final determinations regarding function, general location, or mode cannot reasonably be made available within the time allowed for preparation of the TSP; (c) Explain how deferral does not invalidate the assumptions upon which the TSP is based or preclude implementation of the remainder of the TSP; (d) Describe the nature of the findings which will be needed to resolve issues deferred to a refinement plan; and (e) Set a deadline for adoption of a refinement plan prior to initiation of the periodic review following adoption of the TSP. (4) Where a Corridor Environmental Impact Statement (EIS) is prepared pursuant to the requirements of the National Environmental Policy Act of 1969, the development of the refinement plan shall be coordinated with the preparation of the Corridor EIS. The refinement plan shall be adopted prior to the issuance of the Final EIS. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 195.025, 197.040, 197.230, 197.245, 197.712 & 197.717 History: LCDD 1-2014, f. & cert. ef. 8-15-14 LCDD 6-2006, f. 7-13-06, cert. ef. 7-14-06 LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0030 Determination of Transportation Needs (1) The TSP shall identify transportation needs relevant to the planning area and the scale of the transportation network being planned including: (a) State, regional, and local transportation needs; (b) Needs of the transportation disadvantaged; (c) Needs for movement of goods and services to support industrial and commercial development planned for pursuant to OAR chapter 660, division 9 and Goal 9 (Economic Development). (2) Counties or MPO's preparing regional TSP's shall rely on the analysis of state transportation needs in adopted elements of the state TSP. Local governments preparing local TSP's shall rely on the analyses of state and regional transportation needs in adopted elements of the state TSP and adopted regional TSP's. (3) Within urban growth boundaries, the determination of local and regional transportation needs shall be based upon: (a) Population and employment forecasts and distributions that are consistent with the acknowledged comprehensive plan, including those policies that implement Goal 14. Forecasts and distributions shall be for 20 years and, if desired, for longer periods; and (b) Measures adopted pursuant to OAR 660-012-0045 to encourage reduced reliance on the automobile. (4) In MPO areas, calculation of local and regional transportation needs also shall be based upon accomplishment of the requirement in OAR 660-012-0035(4) to reduce reliance on the automobile. Statutory/Other Authority: ORS 197.040 Statutes/Other Implemented: ORS 195.025, 197.040, 197.230, 197.245, 197.712 & 197.717 History: LCDD 1-2014, f. & cert. ef. 8-15-14 LCDD 6-2006, f. 7-13-06, cert. ef. 7-14-06 LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0040 Transportation Financing Program (1) For areas within an urban growth boundary containing a population greater than 2,500 persons, the TSP shall include a transportation financing program. (2) A transportation financing program shall include the items listed in (a)–(d): (a) A list of planned transportation facilities and major improvements; (b) A general estimate of the timing for planned transportation facilities and major improvements; (c) A determination of rough cost estimates for the transportation facilities and major improvements identified in the TSP; and (d) In metropolitan areas, policies to guide selection of transportation facility and improvement projects for funding in the short-term to meet the standards and benchmarks established pursuant to 0035(4)–(6). Such policies shall consider, and shall include among the priorities, facilities and improvements that support mixed-use, pedestrian friendly development and increased use of alternative modes. (3) The determination of rough cost estimates is intended to provide an estimate of the fiscal requirements to support the land uses in the acknowledged comprehensive plan and allow jurisdictions to assess the adequacy of existing and possible alternative funding mechanisms. In addition to including rough cost estimates for each transportation facility and major improvement, the transportation financing plan shall include a discussion of the facility provider’s existing funding mechanisms and the ability of these and possible new mechanisms to fund the development of each transportation facility and major improvement. These funding mechanisms may also be described in terms of general guidelines or local policies. (4) Anticipated timing and financing provisions in the transportation financing program are not considered land use decisions as specified in ORS 197.712(2)(e) and, therefore, cannot be the basis of appeal under 197.610(1) and (2) or 197.835(4). (5) The transportation financing program shall provide for phasing of major improvements to encourage infill and redevelopment of urban lands prior to facilities and improvements which would cause premature development of urbanizable lands or conversion of rural lands to urban uses. Statutory/Other Authority: ORS 183 & 197 Statutes/Other Implemented: ORS 197.040 History: LCDD 6-1998, f. & cert. ef. 10-30-98 LCDC 11-1995, f. & cert. ef. 12-22-95 LCDC 4-1995, f. & cert. ef. 5-8-95 LCDC 1-1991, f. & cert. ef. 5-8-91
660-012-0105 Transportation System Plan Updates (1) Any amendment to a transportation system plan must be either a major update as provided in section (2), or a minor update, which is any update that is not a major update. (2) A major update to a transportation system plan is any update that: (a) Includes a change to the horizon year of the plan; (b) Is adopted after January 1 of the planning horizon year of the acknowledged plan; or (c) Adds a facility authorized as provided in OAR 660-012-0830. (3) A city or county making a major update to a transportation system plan shall: (a) Update the core transportation system plan elements provided in OAR 660-012-0100(2); (b) Include all other applicable transportation system plan elements provided in OAR 660-012-0100; and (c) Comply with the engagement requirements of OAR 660-012-0120. (4) A city or county making a minor update to a transportation system plan shall, at a minimum: (a) Update core transportation system plan elements provided in OAR 660-012-0100(2) that are applicable to the scope of the minor update; (b) Comply with the engagement requirements of OAR 660-012-0120; and (c) Identify areas with concentrations of underserved populations as provided in OAR 660-012-0125 using best available data; and (d) Conduct an engagement-focused equity analysis as provided in OAR 660-012-0135. 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
660-012-0110 Transportation System Planning Area (1) The planning area for transportation system plans is the area within the acknowledged urban growth boundary. The unincorporated area within urban growth boundaries is the urbanizable area. (2) Cities and counties are responsible for cooperatively developing transportation system plans within the urban area, including the urbanizable area. Cities and counties shall jointly determine and agree how transportation system planning will occur in the urbanizable area, including plan adoption. (a) Cities may develop and adopt a single transportation system plan for the entire urban area; (b) A county may choose to develop and adopt a separate transportation system plan for areas in the urbanizable area; or (c) A city and county may jointly determine the geographic extent of each of their transportation system plans within the urban area. (3) Counties planning for urban areas as provided in this rule, and associated cities, shall meet these requirements: (a) Both the city and county shall meet all applicable requirements of this division based on the population of the entire urban area, except where a population threshold in a rule specifically refers to the population of the urban unincorporated area. (b) When a county develops a transportation system plan for a portion of the urban area within an urban growth boundary, both transportation system plans must have the same planning horizon year. This subsection does not apply in urban areas with more than one city or in the Portland Metropolitan Area. (4) Counties shall plan areas outside urban growth boundaries as rural, regardless of location within a metropolitan area. Counties planning for unincorporated communities within a metropolitan area must meet requirements provided in OAR chapter 660, division 22. 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 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
660-012-0115 Funding Projections (1) Cities and counties must include funding projections in the transportation system plan. Funding projections must include the list of funding sources and amount of funding available, as provided in this rule. (2) The required list of funding sources must include all funding sources that the city or county expects to use over the planning period to operate, maintain, or construct the transportation system. These sources include, but are not limited to: (a) Local, regional, state, and federal funding sources; and (b) Sources expected from any transportation facility or service operator within the planning area. (3) The list of funding sources shall include, for each source of funding identified: (a) The expected funding over the remainder of the planning period; (b) The purpose of the source of funding and any key limitations on the use of the funding; and (c) Reasons that the funding source is expected to be available during the planning period. These reasons may include, but are not limited to, that the funding is provided by: (A) Transportation facility pricing revenues, including parking revenues; (B) Tax or bond revenues; (C) Fees, charges, or other local revenues; (D) Grants given using a formula or other regular disbursement; (E) Regional funds from a Metropolitan Planning Organization; or (F) A source that previously provided funds to the city or county and can reasonably expected to provide more in the future. (4) The city or county shall use the list of funding sources to determine the amount of funding expected to be available to develop transportation projects over the planning period. Funding to maintain and operate the transportation system, or used for purposes other than development of transportation projects, shall be excluded. The transportation system plan shall clearly describe the amounts that are included and excluded. 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
660-012-0120 Transportation System Planning Engagement (1) Cities and counties shall develop transportation system plans using methods of public engagement and decision making consistent with the statewide planning goals and the local acknowledged comprehensive plan. (2) Public engagement and decision making shall follow the practices provided in OAR 660-012-0130 to place an increased emphasis on centering the voices of underserved populations identified in OAR 660-012-0125. (3) Cities or counties engaged in an update of the transportation system plan as provided in OAR 660-012-0105, or an update of the future land use assumptions as provided in OAR 660-012-0340, shall make a special effort to ensure underserved populations, as identified in OAR 660-012-0125, are: (a) Informed about the choices that need to be made in the planning process; (b) Given a meaningful opportunity to inform the planning process; and (c) Given an equitable share of the decision-making power over key decisions, to the extent possible. 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
660-012-0125 Underserved Populations (1) Cities and counties shall prioritize community-led engagement and decision-making, with specific attention to the underserved populations listed in section (2) of this rule. (2) Underserved populations deserve prioritized attention regarding transportation and land use planning due to historic and current marginalization. Underserved populations include, but are not limited to: (a) Black and African American people; (b) Indigenous people (including Tribes, American Indian/Alaska Native and Hawaii Native); (c) People of Color (including but not limited to Hispanic, Latina/o/x, Asian, Arabic or North African, Middle Eastern, Pacific Islander, and mixed-race or mixed-ethnicity populations); (d) Immigrants, including undocumented immigrants and refugees; (e) People with limited English proficiency; (f) People with disabilities; (g) People experiencing homelessness; (h) Low-income and low-wealth community members; (i) Low- and moderate-income renters and homeowners; (j) Single parents; (k) Lesbian, gay, bisexual, transgender, queer, intersex, asexual, or two-spirit community members; and (l) Youth and seniors. 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