reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 8 - INTERPRETATION OF GOAL 10 HOUSING › Section 660-008-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of this division, the definitions in ORS
				197.015,
				197.295,
				and
				197.303 shall apply. In addition, the following definitions shall apply:
(1) "Attached Single Family Housing" means
			 common-wall dwellings or rowhouses where each dwelling unit occupies a separate
			 lot.
(2) "Buildable Land" means
			 residentially designated land within the urban growth boundary, including both
			 vacant and developed land likely to be redeveloped, that is suitable, available
			 and necessary for residential uses. Publicly owned land is generally not
			 considered available for residential uses. Land is generally considered
			 "suitable and available" unless it:
(a) Is
			 severely constrained by natural hazards as determined under Statewide Planning
			 Goal 7;
(b) Is subject to natural
			 resource protection measures determined under Statewide Planning Goals 5, 6,
			 15, 16, 17 or 18;
(c) Has slopes of
			 25 percent or greater;
(d) Is
			 within the 100-year flood plain; or
(e) Cannot be provided with public
			 facilities.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 8 - INTERPRETATION OF GOAL 10 HOUSING › Section 660-008-0010 - Allocation of Buildable Land

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The mix and
			 density of needed housing is determined in the housing needs projection.
			 Sufficient buildable land shall be designated on the comprehensive plan map to
			 satisfy housing needs by type and density range as determined in the housing
			 needs projection. The local buildable lands inventory must document the amount
			 of buildable land in each residential plan designation.
(2) For purposes of preparing Housing
			 Capacity Analyses as provided in OAR 660-008-0045, the following provisions
			 apply to local governments that are subject to OAR 660-012-0310(2):
(a) Following the initial designation of
			 climate-friendly areas as required in OAR 660-012-0315, local governments shall
			 maintain climate-friendly area zones with sufficient zoned residential building
			 capacity to contain at least 30 percent of current and projected housing needs.
			 However, the local government shall determine housing capacity within the
			 climate-friendly area for the purpose of meeting identified housing needs as
			 required by Goal 10 and this division in a manner consistent with ORS
			 197.296(5).
(b) The local government shall calculate the
			 zoned residential building capacity within climate-friendly areas consistent
			 with the provisions of OAR 660-012-0315(2), or utilizing an alternative
			 methodology as provided in OAR 660-012-0320(10). The local government shall
			 include demonstration of compliance with this requirement in each subsequent
			 Housing Capacity Analysis.
(c) The
			 local government shall establish land use requirements in climate-friendly
			 areas as provided in OAR 660-012-0320  for any newly designated climate-friendly
			 area concurrent with or prior to the adoption of a Housing Capacity
			 Analysis.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 8 - INTERPRETATION OF GOAL 10 HOUSING › Section 660-008-0015 - Clear and Objective Approval Standards Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (2) of this
			 rule, a local government may adopt and apply only clear and objective
			 standards, conditions and procedures regulating the development of needed
			 housing on buildable land. The standards, conditions and procedures may not
			 have the effect, either in themselves or cumulatively, of discouraging needed
			 housing through unreasonable cost or delay.
(2) In addition to an approval process for
			 needed housing based on clear and objective standards, conditions and
			 procedures as provided in section (1) of this rule, a local government may
			 adopt and apply an optional alternative approval process for applications and
			 permits for residential development based on approval criteria regulating, in
			 whole or in part, appearance or aesthetics that are not clear and objective if:
(a) The applicant retains the option of
			 proceeding under the approval process that meets the requirements of section
			 (1);
(b) The approval criteria for
			 the alternative approval process comply with applicable statewide land use
			 planning goals and rules; and
(c)
			 The approval criteria for the alternative approval process authorize a density
			 at or above the density level authorized in the zone under the approval process
			 provided in section (1) of this rule.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 8 - INTERPRETATION OF GOAL 10 HOUSING › Section 660-008-0020 - Specific Plan Designations Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Plan designations that allow or require
			 residential uses shall be assigned to all buildable land. Such designations may
			 allow nonresidential uses as well as residential uses. Such designations may be
			 considered to be "residential plan designations" for the purposes of this
			 division. The plan designations assigned to buildable land shall be specific so
			 as to accommodate the varying housing types and densities identified in the
			 local housing needs projection.
(2)
			 A local government may defer the assignment of specific residential plan
			 designations only when the following conditions have been met:
(a) Uncertainties concerning the funding,
			 location and timing of public facilities have been identified in the local
			 comprehensive plan;
(b) The
			 decision not to assign specific residential plan designations is specifically
			 related to identified public facilities constraints and is so justified in the
			 plan; and
(c) The plan includes a
			 time-specific strategy for resolution of identified public facilities
			 uncertainties and a policy commitment to assign specific residential plan
			 designations when identified public facilities uncertainties are
			 resolved.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 8 - INTERPRETATION OF GOAL 10 HOUSING › Section 660-008-0025 - The Rezoning Process

Current through Register Vol. 63, No. 7, July 1, 2024
A local government may defer rezoning of land within an urban
				growth boundary to maximum planned residential density provided that the
				process for future rezoning is reasonably justified. If such is the case,
				then:
(1) The plan shall contain a
			 justification for the rezoning process and policies which explain how this
			 process will be used to provide for needed housing.
(2) Standards and procedures governing the
			 process for future rezoning shall be based on the rezoning justification and
			 policy statement, and must be clear and objective and meet other requirements
			 in OAR 660-008-0015.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.295 -
				  197.314 &
				  197.475 -
				  197.490
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 8 - INTERPRETATION OF GOAL 10 HOUSING › Section 660-008-0030 - Regional Coordination

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Each local government shall consider the needs of the relevant region in
			 arriving at a fair allocation of housing types and densities.
(2) The local coordination body shall be
			 responsible for ensuring that the regional housing impacts of restrictive or
			 expansive local government programs are considered. The local coordination body
			 shall ensure that needed housing is provided for on a regional basis through
			 coordinated comprehensive plans.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.295 -
				  197.314 &
				  197.475 -
				  197.490
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 8 - INTERPRETATION OF GOAL 10 HOUSING › Section 660-008-0035 - Substantive Standards for Taking a Goal 2, Part II Exception Pursuant to ORS 197.303(3)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 local government may satisfy the substantive standards for exceptions contained
			 in Goal 2, Part II, upon a demonstration in the local housing needs projection,
			 supported by compelling reasons and facts, that:
(a) The needed housing type is being provided
			 for elsewhere in the region in sufficient numbers to meet regional
			 needs;
(b) Sufficient buildable
			 land has been allocated within the local jurisdiction for other types of
			 housing which can meet the need for shelter at the particular price ranges and
			 rent levels that would have been met by the excluded housing type;
			 and
(c) The decision to substitute
			 other housing types for the excluded needed housing type furthers the policies
			 and objectives of the local comprehensive plan, and has been coordinated with
			 other affected units of government.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 8 - INTERPRETATION OF GOAL 10 HOUSING › Section 660-008-0040 - Restrictions on Housing Tenure

Current through Register Vol. 63, No. 7, July 1, 2024
Any local government that restricts the construction of either
				rental or owner occupied housing shall include a determination of housing need
				according to tenure as part of the local housing needs
				projection.
Stat. Auth.: ORS
				  197.040
Stats. Implemented: ORS
				  197.295 -
				  197.314 &
				  197.475 -
				  197.490
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 8 - INTERPRETATION OF GOAL 10 HOUSING › Section 660-008-0045 - Housing Capacity Analysis Deadline

Current through Register Vol. 63, No. 7, July 1, 2024
Cities described in ORS 197.296(2)(a)(B) and (10)(c)(B) shall
				demonstrate sufficient Buildable Lands as scheduled by the Commission.
(1) The Department shall publish the calendar
			 of Housing Capacity Analyses deadlines for cities identified under ORS
			 197.296(2)(a)(B) or (10)(c)(B) in Exhibit A.
(2) The deadline for adoption of a Housing
			 Capacity Analysis in a given year is December 31st.
(3) A city will be considered to have met its
			 obligation to adopt a Housing Capacity Analysis upon adoption of the Housing
			 Capacity Analysis by ordinance. A subsequent appeal of the Housing Capacity
			 Analysis will not be considered a failure to comply with the deadline provided
			 in Exhibit A provided in section (1).
(4) Upon adoption of a Housing Capacity
			 Analysis, the deadline for a subsequent Housing Capacity Analysis is as
			 follows:
(a) Eight years subsequent for cities
			 that are not within a metropolitan service district; or
(b) Six years subsequent for cities that are
			 within a metropolitan service district.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 8 - INTERPRETATION OF GOAL 10 HOUSING › Section 660-008-0050 - Housing Production Strategy Report Structure

Current through Register Vol. 63, No. 7, July 1, 2024
As provided in ORS 197.290(2), a city with a population of more
				than 10,000 people must develop and adopt a Housing Production Strategy Report
				that includes a list of specific actions, including the adoption of measures
				and policies that the city shall undertake to promote development within the
				city to address a housing need identified under ORS
				197.296(3)
				or (10) for the most recent 20-year period
				described in the city's Housing Capacity Analysis. At a minimum, this Report
				must include the following components:
(1) Contextualized Housing Need - A
			 contextualization and incorporation of information from the most recent Housing
			 Capacity Analysis that describes current and future housing needs in the
			 context of population and market trends.
(a)
			 At a minimum, this must include a discussion of:
(A) Socio-economic and demographic trends of
			 households living in existing Needed Housing. This must include a
			 disaggregation of households living in existing Needed Housing by race and
			 ethnicity;
(B) Measures already
			 adopted by the city to promote the development of Needed Housing;
(C) Market conditions affecting the provision
			 of Needed Housing;
(D) Existing and
			 expected barriers to the development of Needed Housing;
(E) An estimate of the number of people or
			 households experiencing homelessness. Estimates must include, as available, the
			 following data sources:
(i) An estimate of
			 regional housing need for people experiencing homelessness provided by the
			 state or regional entity;
(ii) The
			 applicable Housing and Urban Development Point-in-Time count conducted by the
			 Continuum of Care that the city is located within;
(iii) The applicable Housing and Urban
			 Development Annual Homelessness Assessment Report; and
(iv) The applicable McKinney-Vento Homeless
			 Student Data for all school districts that overlap with the city
			 boundary.
(F) Percentage
			 of Rent Burdened Households, as determined in the report described in OAR
			 813-112- 0020(2);
(G) Housing
			 tenure, including rental and owner households; and
(H) Housing needs for people with
			 disabilities, including hearing, vision, cognitive, ambulatory, self-care
			 difficulty, and independent living as provided in the applicable American
			 Community Survey and other data sets, as available.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 8 - INTERPRETATION OF GOAL 10 HOUSING › Section 660-008-0055 - Review of Housing Production Strategy Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No later than 20 days after a city's
			 adoption or amendment of a Housing Production Strategy Report, a city must
			 submit the adopted Report or amended Report to the Department.
(2) On the same day the city submits notice
			 of the Housing Production Strategy Report or amended Report to the Department,
			 the city must provide a notice to persons who participated in the proceedings
			 that led to the adoption of the Housing Production Strategy Report and
			 requested notice in writing.
(3)
			 Within ten days of receipt of the submission under section (1), the Department
			 must provide notice to persons described under ORS
			 197.615(3).
(4) Notices given under sections (2) and (3)
			 must state:
(a) How and where materials
			 described under section (5) may be freely obtained;
(b) That comments on the Housing Production
			 Strategy Report may be submitted to the Department within 45 days after the
			 Department has received the submission under section (1); and
(c) That there is no further right of appeal
			 of the Department's decision under section (7).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 8 - INTERPRETATION OF GOAL 10 HOUSING › Section 660-008-0060 - Reporting on Housing Production Strategy Implementation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Cities required to adopt a Housing
			 Production Strategy Report under ORS
			 197.290(1),
			 must submit a narrative report to the Department for review and comment based
			 on the following schedule:
(a) For cities
			 that are within a metropolitan service district boundary, no later than
			 December 31st three years after the city adopted a Housing Production Strategy
			 Report; or
(b) For cities that are
			 not within a metropolitan service district boundary, no later than December
			 31st four years after the city adopted a Housing Production Strategy
			 Report.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 8 - INTERPRETATION OF GOAL 10 HOUSING › Section 660-008-0065 - Non-Compliance in Adoption of Housing Capacity Analysis or Housing Production Strategy Report

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will review a city's Housing Capacity Analysis
				and a city's Housing Production Strategy Report for compliance with the
				applicable portions ORS
				197.296 and this division. If the city does not sufficiently meet the criteria provided
				in ORS
				197.296 or this division, the Department may engage with the city in one or more of the
				following actions:
(1) If a city
			 determines that it will be unable to adopt a Housing Capacity Analysis or
			 Housing Production Strategy Report by the prescribed deadline, the city must
			 notify the Department of the expected delinquency at least 60 days before the
			 applicable deadline for a Housing Capacity Analysis or Housing Production
			 Strategy Report. In response, the Department and the city may agree to
			 remediation either through enhanced review of documents, directed technical
			 assistance to overcome the impediment as available, or other similar measures,
			 and include timelines for completion.
(2) If the city has not submitted a Housing
			 Production Strategy Report for Department review by the deadline provided in
			 OAR 660-008-0050  and has not notified the Department of an expected
			 delinquency, the Department may work with the city and may seek mitigation of
			 the delinquency through an Intergovernmental Agreement outlining specific
			 compliance actions, timeline of deliverables, and subsequent enforcement
			 actions. The Intergovernmental Agreement may include directed technical
			 assistance or financial resources.
(3) If the Department and the city have
			 entered into an Intergovernmental Agreement under section (2) and the city, at
			 the discretion of the Department, has not sufficiently mitigated the identified
			 delinquency, the Department may remove the city from consideration of technical
			 assistance or other financial resource awards.
(4) If the city does not adopt a Housing
			 Capacity Analysis or Housing Production Strategy Report as provided in this
			 division, does not enter into an Intergovernmental Agreement with the
			 Department to remedy the deficiency, or does not comply with the terms of an
			 Intergovernmental Agreement to remedy the deficiency, the Department may
			 request the Commission to act under ORS197.319 to
			 197.335 to require the city to comply with ORS
			 197.295 to
			 197.314,
			 this division, or statewide land use planning goals related to housing or
			 urbanization.
Statutory/Other Authority: ORS
				  197.040
Statutes/Other Implemented: ORS
				  197.290,
				  ORS
				  197.291,
				  ORS
				  197.293,
				  ORS
				  197.296  & ORS
				  197.303
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 9 - ECONOMIC DEVELOPMENT › Section 660-009-0000 - Intent and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The intent of the Land Conservation and Development Commission
				is to provide an adequate land supply for economic development and employment
				growth in Oregon. The intent of this division is to link planning for an
				adequate land supply to infrastructure planning, community involvement and
				coordination among local governments and the state. The purpose of this
				division is to implement Goal 9, Economy of the State (OAR 660-015-0000(9)),
				and ORS 197.712(2)(a) to
				(d). This division responds to legislative
				direction to assure that comprehensive plans and land use regulations are
				updated to provide adequate opportunities for a variety of economic activities
				throughout the state (ORS
				197.712(1)) and
				to assure that comprehensive plans are based on information about state and
				national economic trends (ORS
				197.717(2)).
Stat. Auth.: ORS 183 & 197
Stats. Implemented:ORS
				  197.712
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 9 - ECONOMIC DEVELOPMENT › Section 660-009-0010 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This division
			 applies to comprehensive plans for areas within urban growth boundaries. This
			 division does not require or restrict planning for industrial and other
			 employment uses outside urban growth boundaries. Cities and counties subject to
			 this division must adopt plan and ordinance amendments necessary to comply with
			 this division.
(2) Comprehensive
			 plans and land use regulations must be reviewed and amended as necessary to
			 comply with this division as amended at the time of each periodic review of the
			 plan pursuant to ORS 197.712(3).
			 Jurisdictions that have received a periodic review notice from the Department
			 (pursuant to OAR 660-025-0050) prior to the effective date of amendments to
			 this division must comply with such amendments at their next periodic review
			 unless otherwise directed by the Commission.
(3) Cities and counties may rely on their
			 existing plans to meet the requirements of this division if they conclude:
(a) There are not significant changes in
			 economic development opportunities (e.g., a need for sites not presently
			 provided for in the plan) based on a review of new information about national,
			 state, regional, county and local trends; and
(b) That existing inventories, policies, and
			 implementing measures meet the requirements in OAR 660-009-0015  to
			 660-009-0030.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 9 - ECONOMIC DEVELOPMENT › Section 660-009-0015 - Economic Opportunities Analysis

Current through Register Vol. 63, No. 7, July 1, 2024
Cities and counties must review and, as necessary, amend their
				comprehensive plans to provide economic opportunities analyses containing the
				information described in sections (1) to (4) of this rule. This analysis will
				compare the demand for land for industrial and other employment uses to the
				existing supply of such land.
(1)
			 Review of National, State, Regional, County and Local Trends. The economic
			 opportunities analysis must identify the major categories of industrial or
			 other employment uses that could reasonably be expected to locate or expand in
			 the planning area based on information about national, state, regional, county
			 or local trends. This review of trends is the principal basis for estimating
			 future industrial and other employment uses as described in section (4) of this
			 rule. A use or category of use could reasonably be expected to expand or locate
			 in the planning area if the area possesses the appropriate locational factors
			 for the use or category of use. Cities and counties are strongly encouraged to
			 analyze trends and establish employment projections in a geographic area larger
			 than the planning area and to determine the percentage of employment growth
			 reasonably expected to be captured for the planning area based on the
			 assessment of community economic development potential pursuant to section (4)
			 of this rule.
(2) Identification of
			 Required Site Types. The economic opportunities analysis must identify the
			 number of sites by type reasonably expected to be needed to accommodate the
			 expected employment growth based on the site characteristics typical of
			 expected uses. Cities and counties are encouraged to examine existing firms in
			 the planning area to identify the types of sites that may be needed for
			 expansion. Industrial or other employment uses with compatible site
			 characteristics may be grouped together into common site categories.
(3) Inventory of Industrial and Other
			 Employment Lands. Comprehensive plans for all areas within urban growth
			 boundaries must include an inventory of vacant and developed lands within the
			 planning area designated for industrial or other employment use.
(a) For sites inventoried under this section,
			 plans must provide the following information:
(A) The description, including site
			 characteristics, of vacant or developed sites within each plan or zoning
			 district;
(B) A description of any
			 development constraints or infrastructure needs that affect the buildable area
			 of sites in the inventory; and
(C)
			 For cities and counties within a Metropolitan Planning Organization, the
			 inventory must also include the approximate total acreage and percentage of
			 sites within each plan or zoning district that comprise the short-term supply
			 of land.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 9 - ECONOMIC DEVELOPMENT › Section 660-009-0020 - Industrial and Other Employment Development Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Comprehensive plans subject to this
			 division must include policies stating the economic development objectives for
			 the planning area. These policies must be based on the community economic
			 opportunities analysis prepared pursuant to OAR 660-009-0015  and must provide
			 the following:
(a) Community Economic
			 Development Objectives. The plan must state the overall objectives for economic
			 development in the planning area and identify categories or particular types of
			 industrial and other employment uses desired by the community. Policy
			 objectives may identify the level of short-term supply of land the planning
			 area needs. Cities and counties are strongly encouraged to select a competitive
			 short-term supply of land as a policy objective.
(b) Commitment to Provide a Competitive
			 Short-Term Supply. Cities and counties within a Metropolitan Planning
			 Organization must adopt a policy stating that a competitive short-term supply
			 of land as a community economic development objective for the industrial and
			 other employment uses selected through the economic opportunities analysis
			 pursuant to OAR 660-009-0015.
(c)
			 Commitment to Provide Adequate Sites and Facilities. The plan must include
			 policies committing the city or county to designate an adequate number of sites
			 of suitable sizes, types and locations. The plan must also include policies,
			 through public facilities planning and transportation system planning, to
			 provide necessary public facilities and transportation facilities for the
			 planning area.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 9 - ECONOMIC DEVELOPMENT › Section 660-009-0025 - Designation of Lands for Industrial and Other Employment Uses

Current through Register Vol. 63, No. 7, July 1, 2024
Cities and counties must adopt measures adequate to implement
				policies adopted pursuant to OAR 660-009-0020. Appropriate implementing
				measures include amendments to plan and zone map designations, land use
				regulations, public facility plans, and transportation system plans.
(1) Identification of Needed Sites. The plan
			 must identify the approximate number, acreage and site characteristics of sites
			 needed to accommodate industrial and other employment uses to implement plan
			 policies. Plans do not need to provide a different type of site for each
			 industrial or other employment use. Compatible uses with similar site
			 characteristics may be combined into broad site categories. Several broad site
			 categories will provide for industrial and other employment uses likely to
			 occur in most planning areas. Cities and counties may also designate mixed-use
			 zones to meet multiple needs in a given location.
(2) Total Land Supply. Plans must designate
			 serviceable land suitable to meet the site needs identified in section (1) of
			 this rule. Except as provided for in section (5) of this rule, the total
			 acreage of land designated must at least equal the total projected land needs
			 for each industrial or other employment use category identified in the plan
			 during the 20-year planning period.
(3) Short-Term Supply of Land. Plans for
			 cities and counties within a Metropolitan Planning Organization or cities and
			 counties that adopt policies relating to the short-term supply of land must
			 designate suitable land to respond to economic development opportunities as
			 they arise. Cities and counties may maintain the short-term supply of land
			 according to the strategies adopted pursuant to OAR 660-009-0020(2).
(a) Except as provided for in subsections (b)
			 and (c), cities and counties subject to this section must provide at least 25
			 percent of the total land supply within the urban growth boundary designated
			 for industrial and other employment uses as short-term supply.
(b) Affected cities and counties that are
			 unable to achieve the target in subsection (a) above may set an alternative
			 target based on their economic opportunities analysis.
(c) A planning area with 10 percent or more
			 of the total land supply enrolled in Oregon's industrial site certification
			 program pursuant to ORS
			 284.565 satisfies the
			 requirements of this section.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 9 - ECONOMIC DEVELOPMENT › Section 660-009-0030 - Multi-Jurisdiction Coordination

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Cities and counties are strongly encouraged to coordinate when implementing OAR
			 660-009-0015  to 660-009-0025.
(2)
			 Jurisdictions that coordinate under this rule may:
(a) Conduct a single coordinated economic
			 opportunities analysis; and
(b)
			 Designate lands among the coordinating jurisdictions in a mutually agreed
			 proportion.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 11 - PUBLIC FACILITIES PLANNING › Section 660-011-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is to aid in achieving the
				requirements of Goal 11, Public Facilities and Services, OAR 660-015-0000(11),
				interpret Goal 11 requirements regarding public facilities and services on
				rural lands, and implement ORS
				197.712(2)(e),
				which requires that a city or county shall develop and adopt a public facility
				plan for areas within an urban growth boundary containing a population greater
				than 2,500 persons. The purpose of the plan is to help assure that urban
				development in such urban growth boundaries is guided and supported by types
				and levels of urban facilities and services appropriate for the needs and
				requirements of the urban areas to be serviced, and that those facilities and
				services are provided in a timely, orderly and efficient arrangement, as
				required by Goal 11. The division contains definitions relating to a public
				facility plan, procedures and standards for developing, adopting, and amending
				such a plan, the date for submittal of the plan to the Commission and standards
				for Department review of the plan.
The goal referenced in this rule is available from the
				  agency.
Stat. Auth.: ORS 183 & OAR 197
Stats. Implemented: ORS
				  197.712
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 11 - PUBLIC FACILITIES PLANNING › Section 660-011-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Public
			 Facilities Plan": A public facility plan is a support document or documents to
			 a comprehensive plan. The facility plan describes the water, sewer and
			 transportation facilities which are to support the land uses designated in the
			 appropriate acknowledged comprehensive plans within an urban growth boundary
			 containing a population greater than 2,500. Certain elements of the public
			 facility plan also shall be adopted as part of the comprehensive plan, as
			 specified in OAR 660-11-045.
(2)
			 "Rough Cost Estimates": Rough cost estimates are approximate costs expressed in
			 current-year (year closest to the period of public facility plan development)
			 dollars. It is not intended that project cost estimates be as exact as is
			 required for budgeting purposes.
(3) "Short Term": The short term is the
			 period from year one through year five of the facility plan.
(4) "Long Term": The long term is the period
			 from year six through the remainder of the planning period.
(5) "Public Facility": A public facility
			 includes water, sewer, and transportation facilities, but does not include
			 buildings, structures or equipment incidental to the direct operation of those
			 facilities.
(6) "Public Facility
			 Project": A public facility project is the construction or reconstruction of a
			 water, sewer, or transportation facility within a public facility system that
			 is funded or utilized by members of the general public.
(7) "Public Facility Systems": Public
			 facility systems are those facilities of a particular type that combine to
			 provide water, sewer or transportation services.
For purposes of this division, public facility systems are
				limited to the following:
(a) Water:
(A) Sources of water;
(B) Treatment system;
(C) Storage system;
(D) Pumping system;
(E) Primary distribution system.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 11 - PUBLIC FACILITIES PLANNING › Section 660-011-0010 - The Public Facility Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The public facility plan shall contain
			 the following items:
(a) An inventory and
			 general assessment of the condition of all the significant public facility
			 systems which support the land uses designated in the acknowledged
			 comprehensive plan;
(b) A list of
			 the significant public facility projects which are to support the land uses
			 designated in the acknowledged comprehensive plan. Public facility project
			 descriptions or specifications of these projects as necessary;
(c) Rough cost estimates of each public
			 facility project;
(d) A map or
			 written description of each public facility project's general location or
			 service area;
(e) Policy
			 statement(s) or urban growth management agreement identifying the provider of
			 each public facility system. If there is more than one provider with the
			 authority to provide the system within the area covered by the public facility
			 plan, then the provider of each project shall be designated;
(f) An estimate of when each facility project
			 will be needed; and
(g) 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.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 11 - PUBLIC FACILITIES PLANNING › Section 660-011-0015 - Responsibility for Public Facility Plan Preparation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Responsibility for the preparation,
			 adoption and amendment of the public facility plan shall be specified within
			 the urban growth management agreement. If the urban growth management agreement
			 does not make provision for this responsibility, the agreement shall be amended
			 to do so prior to the preparation of the public facility plan. In the case
			 where an unincorporated area exists within the Portland Metropolitan Urban
			 Growth Boundary which is not contained within the boundary of an approved urban
			 planning area agreement with the County, the County shall be the responsible
			 agency for preparation of the facility plan for that unincorporated area. The
			 urban growth management agreement shall be submitted with the public facility
			 plan as specified in OAR 660-011-0040.
(2) The jurisdiction responsible for the
			 preparation of the public facility plan shall provide for the coordination of
			 such preparation with the city, county, special districts and, as necessary,
			 state and federal agencies and private providers of public facilities. The
			 Metropolitan Service District is responsible for public facility plans
			 coordination within the District consistent with ORS
			 197.190 and
			 268.390.
(3) Special districts, including port
			 districts, shall assist in the development of the public facility plan for
			 those facilities they provide. Special districts may object to that portion of
			 the facilities plan adopted as part of the comprehensive plan during review by
			 the Commission only if they have completed a special district agreement as
			 specified under ORS 197.185 and
			 197.254(3) and
			 (4) and participated in the development of
			 such portion of the public facility plan.
(4) Those state agencies providing funding
			 for or making expenditures on public facility systems shall participate in the
			 development of the public facility plan in accordance with their state agency
			 coordination agreement under ORS
			 197.180 and
			 197.712(2)(f).
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.712
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 11 - PUBLIC FACILITIES PLANNING › Section 660-011-0020 - Public Facility Inventory and Determination of Future Facility Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 public facility plan shall include an inventory of significant public facility
			 systems. Where the acknowledged comprehensive plan, background document or one
			 or more of the plans or programs listed in OAR 660-011-0010(3)  contains such an
			 inventory, that inventory may be incorporated by reference. The inventory shall
			 include:
(a) Mapped location of the facility
			 or service area;
(b) Facility
			 capacity or size; and
(c) General
			 assessment of condition of the facility (e.g., very good, good, fair, poor,
			 very poor).
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 11 - PUBLIC FACILITIES PLANNING › Section 660-011-0025 - Timing of Required Public Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The public facilities plan shall include
			 a general estimate of the timing for the planned public facility projects. This
			 timing component of the public facilities plan can be met in several ways
			 depending on whether the project is anticipated in the short term or long term.
			 The timing of projects may be related directly to population growth, e.g., the
			 expansion or new construction of water treatment facilities. Other facility
			 projects can be related to a measure of the facility's service level being met
			 or exceeded, e.g., a major arterial or intersection reaching a maximum
			 vehicle-per-day standard. Development of other projects may be more long term
			 and tied neither to specific population levels nor measures of service levels,
			 e.g., sewer projects to correct infiltration and inflow problems. These
			 projects can take place over a long period of time and may be tied to the
			 availability of long-term funding. The timing of projects may also be tied to
			 specific years.
(2) Given the
			 different methods used to estimate the timing of public facilities, the public
			 facility plan shall identify projects as occurring in either the short term or
			 long term, based on those factors which are related to project development. For
			 those projects designated for development in the short term, the public
			 facility plan shall identify an approximate year for development. For those
			 projects designated for development over the long term, the public facility
			 plan shall provide a general estimate as to when the need for project
			 development would exist, e.g., population level, service level standards, etc.
			 Timing provisions for public facility projects shall be consistent with the
			 acknowledged comprehensive plan's projected growth estimates. The public
			 facility plan shall consider the relationships between facilities in providing
			 for development.
(3) Anticipated
			 timing provisions for public facilities 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).
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.712
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 11 - PUBLIC FACILITIES PLANNING › Section 660-011-0030 - Location of Public Facility Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The public facility plan shall identify
			 the general location of the public facility project in specificity appropriate
			 for the facility. Locations of projects anticipated to be carried out in the
			 short term can be specified more precisely than the locations of projects
			 anticipated for development in the long term.
(2) Anticipated locations for public
			 facilities may require modifications based on subsequent environmental impact
			 studies, design studies, facility master plans, capital improvement programs,
			 or land availability. The public facility plan should anticipate those changes
			 as specified in OAR 660-011-0045.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.712
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 11 - PUBLIC FACILITIES PLANNING › Section 660-011-0035 - Determination of Rough Cost Estimates for Public Facility Projects and Local Review of Funding Mechanisms for Public Facility Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 11 - PUBLIC FACILITIES PLANNING › Section 660-011-0040 - Date of Submittal of Public Facility Plans

Current through Register Vol. 63, No. 7, July 1, 2024
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".
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.712
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 11 - PUBLIC FACILITIES PLANNING › Section 660-011-0045 - Adoption and Amendment Procedures for Public Facility Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The governing
			 body of the city or county responsible for development of the public facility
			 plan shall adopt the plan as a supporting document to the jurisdiction's
			 comprehensive plan and shall also adopt as part of the comprehensive plan:
(a) The list of public facility project
			 titles, excluding (if the jurisdiction so chooses) the descriptions or
			 specifications of those projects;
(b) A map or written description of the
			 public facility projects' locations or service areas as specified in sections
			 (2) and (3) of this rule; and
(c)
			 The policy(ies) or urban growth management agreement designating the provider
			 of each public facility system. If there is more than one provider with the
			 authority to provide the system within the area covered by the public facility
			 plan, then the provider of each project shall be designated.
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 11 - PUBLIC FACILITIES PLANNING › Section 660-011-0050 - Standards for Review by the Department

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
				  197.712
Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 11 - PUBLIC FACILITIES PLANNING › Section 660-011-0060 - Sewer Service to Rural Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this rule, unless the context
			 requires otherwise:
(a) "Establishment of a
			 sewer system" means the creation of a new sewage system, including systems
			 provided by public or private entities;
(b) "Extension of a Sewer System" means the
			 extension of a pipe, conduit, pipeline, main, or other physical component from
			 or to an existing sewer system in order to provide service to a use, regardless
			 of whether the use is inside the service boundaries of the public or private
			 service provider. The sewer service authorized in section (8) of this rule is
			 not an extension of a sewer;
(c)
			 "No practicable alternative to a sewer system" means a determination by the
			 Department of Environmental Quality (DEQ) or the Oregon Health Division,
			 pursuant to criteria in OAR chapter 340, division 71, and other applicable
			 rules and laws, that an existing public health hazard cannot be adequately
			 abated by the repair or maintenance of existing sewer systems or on-site
			 systems or by the installation of new on-site systems as defined in OAR
			 340-071-0100;
(d) "Public health
			 hazard" means a condition whereby it is probable that the public is exposed to
			 disease-caused physical suffering or illness due to the presence of
			 inadequately treated sewage;
(e)
			 "Sewage" means the water-carried human, animal, vegetable, or industrial waste
			 from residences, buildings, industrial establishments or other places, together
			 with such ground water infiltration and surface water as may be
			 present;
(f) "Sewer system" means a
			 system that serves more than one lot or parcel, or more than one condominium
			 unit or more than one unit within a planned unit development, and includes
			 pipelines or conduits, pump stations, force mains, and all other structures,
			 devices, appurtenances and facilities used for treating or disposing of sewage
			 or for collecting or conducting sewage to an ultimate point for treatment and
			 disposal. The following are not considered a "sewer system" for purposes of
			 this rule:
(A) A system provided solely for
			 the collection, transfer and/or disposal of storm water runoff;
(B) A system provided solely for the
			 collection, transfer and/or disposal of animal waste from a farm use as defined
			 in ORS
			 215.303.