Chapter 876 Oregon Laws 2001

 

AN ACT

 

HB 3045

 

Relating to local comprehensive land use plans; amending ORS 195.110.

 

Be It Enacted by the People of the State of Oregon:

 

          SECTION 1. ORS 195.110 is amended to read:

          195.110. (1)(a) A county or city containing a high growth school district shall include as an element of its comprehensive plan a school facility plan prepared by the high growth district in cooperation with the city or county.

          (b) A county or city containing a high growth area shall initiate planning activities with a school district to accomplish planning as required under ORS 195.020.

          (c) The provisions of paragraph (a) of this subsection do not apply to a city that contains less than 10 percent of the total population of a high growth school district.

          (2) As used in this section, “high growth school district” means any school district that has an enrollment of over 5,000 students and had an increase in student enrollment of six percent or more during the three most recent school years, based on certified enrollment numbers submitted to the Department of Education during the first quarter of each new school year.

          (3) The school facility plan shall identify school facility needs based on population growth projections and land use designations contained in the city or county comprehensive plan. The plan shall be updated during periodic review and may be updated more frequently by mutual agreement between the school district and the county or city.

          (4)(a) In the school facility plan, a high growth school district shall assess the capacity of school facilities on the basis of objective criteria that are formally approved by the school board. In an agreement under ORS 195.020, the school district and the city or county shall agree, to the greatest extent possible, on the criteria for the capacity of school facilities. After a school district formally adopts criteria for the capacity of school facilities, a county or city shall accept those criteria as its own for purposes of evaluating applications for a comprehensive plan amendment or for a residential land use regulation amendment.

          (b) A city or county shall provide notice to an affected school district when considering a plan or land use regulation amendment that significantly impacts school capacity. If the school district requests, the city or county shall implement a coordinated process with the school district to identify potential school sites and facilities to address the projected impacts.

          (c) The provisions of paragraph (b) of this subsection apply to an action that involves:

          (A) High growth school districts;

          (B) Light rail planning in an area that is not a high growth school district; or

          (C) The addition of 1,000 or more residential units in an area that is not a high growth school district.

          (5) The school facility plan shall provide for the integration of existing city or county land dedication requirements with the needs of the school district.

          (6) Any school district not defined as high growth in subsection (2) of this section may adopt a plan for school facilities as set forth in this section, subject to cooperation with the affected cities or counties.

          (7) The school facility plan shall cover a period of at least five years and shall include but need not be limited to the following elements:

          (a) Population projections by school age group;

          (b) Identification by both the city or county and the school district of desirable school sites;

          (c) Physical improvements needed to bring existing schools up to the school district’s minimum standards;

          (d) Financial plans to meet school facility needs;

          (e) An analysis of:

          (A) The alternatives to new school construction and major renovation; and

          (B) Measures to increase the efficient use of school sites including, but not limited to, multiple-story buildings and multipurpose use of sites;

          (f) Five-year capital improvement plans; [and]

          (g) Site acquisition schedules and programs[.]; and

          (h) Based on the elements included in the school facility plan under this subsection and applicable laws and rules, an analysis of the land required for the five-year period covered by the plan that is suitable, as a permitted or conditional use, for school facilities inside the urban growth boundary.

          (8) If a school district determines that there is an inadequate supply of suitable land for school facilities for the five-year period covered by the plan, the city or county, or both, and the school district shall cooperate in identifying land for school facilities including, but not limited to, adopting appropriate zoning, aggregating existing lots or parcels in separate ownership, adding one or more sites designated for school facilities to an urban growth boundary or petitioning a metropolitan service district to add one or more sites designated for school facilities to an urban growth boundary pursuant to applicable law and rules.

          [(8)] (9) The capacity of a school facility shall not be the basis for a development moratorium under ORS 197.505 to 197.540.

          [(9)] (10) This section and ORS 197.015 do not confer any power to a school district to declare a building moratorium.

          [(10)] (11) Notwithstanding any other provision of state or local law, school capacity shall not be the sole basis for the approval or denial of any residential development application, unless the application involves changes to the local government comprehensive plan or land use regulations.

 

Approved by the Governor July 31, 2001

 

Filed in the office of Secretary of State July 31, 2001

 

Effective date January 1, 2002

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