71st OREGON LEGISLATIVE ASSEMBLY--2001 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 463
 
                         House Bill 2284
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Kurt
  Schrader)
 
 
                             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.
 
  Limits requirements for expedited land divisions to qualified
land divisions within metropolitan service districts.
 
                        A BILL FOR AN ACT
Relating to expedited land divisions; amending ORS 197.360 and
  197.380.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 197.360 is amended to read:
  197.360. (1) An expedited land division:
  (a) Is an action of a local government  { + within Metro + }
that:
  (A) Includes land   { - that is - }  zoned for residential uses
 { - and is - }  within an urban growth boundary.
  (B) Is solely for the purposes of residential use, including
recreational or open space uses accessory to residential use.
  (C) Does not provide for dwellings or accessory buildings to be
located on land that is specifically mapped and designated in the
comprehensive plan and land use regulations for full or partial
protection of natural features under the statewide planning goals
that protect:
  (i) Open spaces, scenic and historic areas and natural
resources; { +  or + }
  (ii) The Willamette River Greenway  { - ; - }  { + . + }
    { - (iii) Estuarine resources; - }
    { - (iv) Coastal shorelands; and - }
    { - (v) Beaches and dunes. - }
  (D) Satisfies minimum street or other right-of-way connectivity
standards established by acknowledged land use regulations or, if
such standards are not contained in the applicable regulations,
as required 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 net
density permitted by the zoning designation of the site.
  (b) Is a land division that:
  (A)   { - Will create - }   { + Creates + } three or fewer
parcels under ORS 92.010; and
  (B) Meets the criteria set forth for an action under paragraph
(a)(A) to (D) of this subsection.
 
  (2) 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 or a permit under ORS 215.402 or 227.160.
  (3) The provisions of ORS 197.360 to 197.380 apply to all
elements of a  { + Metro-area + } local government comprehensive
plan and land use regulations applicable to a land division,
including any planned unit development standards and any
procedures designed to regulate:
  (a) The physical characteristics of permitted uses;
  (b) The dimensions of the lots or parcels to be created; or
  (c) Transportation, sewer, water, drainage and other facilities
or services necessary for the proposed development, including but
not limited to right-of-way standards, facility dimensions and
on-site and off-site improvements.
  (4) An application to a local government for an expedited land
division shall describe the manner in which the proposed division
complies with each of the provisions of subsection (1) of this
section.
  SECTION 2. ORS 197.380 is amended to read:
  197.380. Each city and county  { + within Metro + } shall
establish an application fee for an expedited land division. The
fee shall be set at a level calculated to recover the estimated
full cost of processing an application, including the cost of
appeals to the referee under ORS 197.375, based on the estimated
average cost of such applications. Within one year of
establishing the fee required under this section, the city or
county shall review and revise the fee, if necessary, to reflect
actual experience in processing applications under ORS 197.360 to
197.380.
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