68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2797
House Bill 3081
Sponsored by Representative REPINE (at the request of Home
Builders Association of Metropolitan Portland, Oregon State
Home Builders Association)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes procedure to expedite certain land division
decisions.
A BILL FOR AN ACT
Relating to expediting urban development that meets minimum
density goals.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) An expedited land division as described in
this section is not a land use decision or a limited land use
decision under ORS 197.015. The application for an expedited land
division:
(a) Must be for land that is zoned for residential uses and is
within an urban growth boundary.
(b) Is made for the purposes of residential use, including
planned unit development if planned unit developments are allowed
under the comprehensive plan and land use regulations.
(c) Does not provide for structures to be located on land that
is designated in the comprehensive plan and land use regulations
for protection under the statewide planning goals that protect:
(A) Open spaces, scenic and historic areas and natural
resources;
(B) The Willamette River Greenway;
(C) Estuarine resources;
(D) Coastal shorelands; and
(E) Beaches and dunes.
(d) Satisfies minimum street or other right of way connectivity
standards established by a comprehensive plan and land use
regulations or by statewide planning goals or rules.
(e) Creates enough lots or parcels to allow building
residential units at 80 percent or more of the maximum density
permitted by the zoning designation of the site.
(2) The provisions of this Act apply to all elements of a local
government comprehensive plan and land use regulations that must
be applied in order to approve or deny an application for a land
division, including any adjustments, waivers, variances or other
actions that involve how the development is to be allowed. + }
SECTION 2. { + When requested by an applicant, in lieu of the
procedures set forth in its comprehensive plan and land use
regulations for land divisions, the local government shall use
the following procedures for an expedited land division under
section 1 of this Act:
(1) Follow the procedures for accepting a complete application
described in ORS 215.428 (2) or 227.178 (2);
(2) Provide written notice of the receipt of the completed
application to owners of real property within 100 feet of the
site, and to any recognized community or neighborhood
organization that includes the site;
(3) Provide a 14-day period for submission of written comments
prior to the decision;
(4) 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 local government's
land use regulations. If a decision on a completed application is
not made within 63 days, the application is deemed approved. An
approval may include conditions to ensure the application meets
the land use regulations; and
(5) 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. + }
SECTION 3. { + (1) An appeal of a decision made under section
1 or 2 of this Act shall be made as follows:
(a) An appeal must be filed within 14 days of mailing of the
notice of the decision under section 2 (5) of this Act.
(b) Persons who may appeal the decisions are:
(A) The applicant; or
(B) Any person entitled to notice under section 2 (5) of this
Act.
(c) An appeal may be based on procedural or substantive issues.
(2) Appeals under this section shall be decided under
procedures adopted by the local government in its comprehensive
plan and land use regulations as approved by the Department of
Land Conservation and Development.
(3) Notwithstanding any other provision of law, the losing
party shall pay the costs of the appeal, not to exceed $900. If
the costs of the appeal exceed $900, the local government shall
pay the amount in excess of $900.
(4) The Land Use Board of Appeals does not have jurisdiction to
consider any decisions, aspects of decisions or actions made
under this Act. + }
SECTION 4. { + (1) A local government may adopt a refinement
plan for a neighborhood or community within its jurisdiction and
inside the urban growth boundary as provided in this section.
(2) A refinement plan is a plan that is more detailed than a
comprehensive plan and applies to a specific area. A refinement
plan must establish efficient density ranges, including a minimum
and a maximum density for residential land uses based on a
planning process meeting statewide planning goals. The refinement
plan must provide for land use regulations to implement the plan.
A refinement plan and associated land use regulations adopted
prior to the effective date of this Act may qualify as a
refinement plan if the local government holds a public hearing to
gather public comment and decides to adopt the plan to qualify as
a refinement plan under this Act.
(3) Land divisions, including those for planned unit
developments and site and design reviews for developments in an
area where a refinement plan and an implementing regulation are
adopted and acknowledged, are subject to the procedures described
in sections 2 and 3 of this Act.
(4) Refinement plans and implementing ordinances may be adopted
through the post-acknowledgment or periodic review process. + }
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