ORS Chapter 197 — Comprehensive Land Use

ORS 197.365. Application; notice to neighbors; comment period. Unless the applicant requests to use the procedure set forth in a comprehensive plan and land use regulations, a local government shall use the following procedure for an expedited land division, as described in ORS 197.360, or a middle housing land division under ORS 92.031: (1)(a) If the application for a land division is incomplete, the local government shall notify the applicant of exactly what information is missing within 21 days of receipt of the application and allow the applicant to submit the missing information. For purposes of computation of time under this section, the application shall be deemed complete on the date the applicant submits the requested information or refuses in writing to submit it. (b) If the application was complete when first submitted or the applicant submits the requested additional information within 180 days of the date the application was first submitted, approval or denial of the application shall be based upon the standards and criteria that were applicable at the time the application was first submitted. (2) The local government shall provide written notice of the receipt of the completed application for a land division to any state agency, local government or special district responsible for providing public facilities or services to the development and to owners of property within 100 feet of the entire contiguous site for which the application is made. The notification list shall be compiled from the most recent property tax assessment roll. For purposes of appeal to the referee under ORS 197.375, this requirement shall be deemed met when the local government can provide an affidavit or other certification that such notice was given. Notice shall also be provided to any neighborhood or community planning organization recognized by the governing body and whose boundaries include the site. (3) The notice required under subsection (2) of this section shall: (a) State: (A) The deadline for submitting written comments; (B) That issues that may provide the basis for an appeal to the referee must be raised in writing prior to the expiration of the comment period; and (C) That issues must be raised with sufficient specificity to enable the local government to respond to the issue. (b) Set forth, by commonly used citation, the applicable criteria for the decision. (c) Set forth the street address or other easily understood geographical reference to the subject property. (d) State the place, date and time that comments are due. (e) State a time and place where copies of all evidence submitted by the applicant will be available for review. (f) Include the name and telephone number of a local government contact person. (g) Briefly summarize the local decision-making process for the land division decision being made. (4) After notice under subsections (2) and (3) of this section, the local government shall: (a) Provide a 14-day period for submission of written comments prior to the decision. (b) Make a decision to approve or deny the application within 63 days of receiving a completed application, based on whether it satisfies the substantive requirements of the applicable land use regulations. An approval may include conditions to ensure that the application meets the applicable land use regulations. For applications subject to this section, the local government: (A) Shall not hold a hearing on the application; and (B) Shall issue a written determination of compliance or noncompliance with applicable land use regulations that includes a summary statement explaining the determination. The summary statement may be in any form reasonably intended to communicate the local governments basis for the determination. (c) Provide notice of the decision to the applicant and to those who received notice under subsection (2) of this section within 63 days of the date of a completed application. The notice of decision shall include: (A) The summary statement described in paragraph (b)(B) of this subsection; and (B) An explanation of appeal rights under ORS 197.375.