Oregon Administrative Rules › Chapter 660 - LAND CONSERVATION AND DEVELOPMENT DEPARTMENT › Division 46 - Middle Housing in Medium and Large Cities › Section 660-046-0320 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions in OAR 660-046-0020  and in ORS
				197.015 and ORS
				197.758,
				the following definitions apply to OAR 660-046-0300  to OAR 660-046-0370. In the
				event of a conflict, these definitions will take precedence.
(1) "Acceptable service levels" means
			 measures of public facility adequacy defined by common engineering standards of
			 practice, adopted as a policy for a utility, identified by designated authority
			 from the decision-making body of a local government, identified in an adopted
			 utility master plan or special area utility plan, or as necessary to comply
			 with state or federal law.
(2)
			 "IBTER" means an infrastructure-based time extension request submitted by a
			 local government for an extension of time to adopt land use regulations or
			 amend a comprehensive plan as provided for under Oregon Laws 2019, chapter 639,
			 section 4.
(3) "Infill and
			 redevelopment areas" means areas with lot sizes of less than one-half an acre
			 that are zoned to allow detached single family dwellings and that are either
			 vacant or developed with detached single family dwellings.
(4) "Infrastructure" means urban water,
			 sanitary sewer, stormwater, and transportation systems.
(5) "Local governments" means a city outside
			 a metropolitan service district, with a population of more than 10,000 and less
			 than 25,000; a city inside a metropolitan service district, with a population
			 of more than 1,000 and less than 25,000; any city with a population of 25,000
			 or more; or any unincorporated portion of a county within a metropolitan
			 service district that is provided with sufficient urban services as defined in
			 ORS
			 195.065.
			 No other unincorporated areas within urban growth boundaries are included in
			 this definition.
(6) "Significant
			 infrastructure deficiency" means a local government has met the burden of proof
			 to demonstrate a situation or situations where the following exists:
(a) A local government or service provider is
			 unable to provide acceptable service levels within a developed, or developing,
			 area zoned to allow detached single-family dwellings; or
(b) A local government or service provider
			 anticipates that it will be unable to provide acceptable service levels by
			 December 31, 2023, based either on extrapolated current development rates
			 alone, or based on extrapolated current rates and additional anticipated middle
			 housing development.
(c) There is
			 no single service level for demonstrating a significant infrastructure
			 deficiency for transportation infrastructure. Supporting information regarding
			 the magnitude and severity of the deficiency must support a determination that
			 the deficiency has a significant impact on transportation function or safety in
			 the affected area. Higher street classifications, traffic volumes, and impacts
			 to the function of transportation corridors, rather than a single intersection,
			 will help to support the significance of the transportation deficiency. The
			 severity of safety issues may be supported with information such as crash data,
			 posted speed limits, sight distance at intersections, or similar
			 information.