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 1690
B-Engrossed
House Bill 2978
Ordered by the Senate May 23
Including House Amendments dated April 9 and Senate Amendments
dated May 23
Sponsored by Representative MORGAN; Representative LEE (at the
request of Oregon Building Industry 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.
Prohibits local government or special district from adopting or
extending public facilities strategy unless justified by written
findings and public hearing. Specifies what findings must
demonstrate.
Limits effective period of public facilities strategy to 24
months. Provides that public facilities strategy may not be
extended more than three times. Limits each extension to one
year.
{ + Specifies that, for area that includes rural
unincorporated community, if notice of intent to prepare economic
feasibility statement is filed or petition for incorporation is
filed before all or part of rural unincorporated community is
included in acknowledged urban growth boundary of metropolitan
service district, incorporation may continue under statutory
requirements that apply to incorporation of rural unincorporated
community.
Modifies prohibition on Department of Environmental Quality
issuing permit for subsurface sewage disposal if area-wide sewage
system is available. Provides that department may issue permit to
certain public agencies. + }
A BILL FOR AN ACT
Relating to public facilities strategy; creating new provisions;
and amending ORS 197.768, 221.035 and 454.655.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 197.768 is amended to read:
197.768. { + (1) As used in this section, 'special district '
has the meaning given that term in ORS 197.505. + }
{ - (1) - } { + (2)(a) + } A local government { + or
special district + } may adopt a public facilities strategy
{ - as described in subsection (2) of this section. A public
facilities strategy may be implemented if it - } { + if the
public facilities strategy + }:
{ - (a)(A) - } { + (A)(i) + } Is acknowledged under ORS
197.251; or
{ - (B) - } { + (ii) + } Is approved by the Land
Conservation and Development Commission under ORS 197.628 to
197.650; and
{ - (b) - } { + (B) + } Meets the requirements of
{ - subsection (2) of - } this section.
{ + (b) If a special district seeks to implement a public
facilities strategy, that special district is considered a local
government for the purposes of ORS 197.251 and 197.628 to
197.650. + }
{ - (2) - } { + (3) + } A { + local government or special
district may adopt a + } public facilities strategy { - adopted
under subsection (1) of this section shall - } { + only if the
local government or special district + }:
{ - (a) Include a statement of purpose that limits the public
facilities strategy to situations in which clear and objective
standards demonstrate that: - }
{ - (A) There is a rapid increase in land development in a
specific geographical area; and - }
{ - (B) The total land development would exceed the planned
or existing capacity of public facilities; - }
{ - (b) Include a detailed description of actions and
practices a local government may engage in to control the time
and sequence of development approvals in response to the
identified deficiencies in public facilities; and - }
{ - (c) Set forth the procedures, notice and findings that
allow the local government to proceed under this section. - }
{ + (a) Makes written findings justifying the need for the
public facilities strategy;
(b) Holds a public hearing on the adoption of a public
facilities strategy and the findings that support the adoption of
the public facilities strategy; and
(c) Provides written notice to the Department of Land
Conservation and Development at least 45 days prior to the final
public hearing that is held to consider the adoption of the
public facilities strategy.
(4) At a minimum, the findings under subsection (3) of this
section must demonstrate that:
(a) There is a rapid increase in the rate or intensity of land
development in a specific geographic area that was unanticipated
at the time the original planning for that area was adopted or
there has been a natural disaster or other catastrophic event in
a specific geographic area;
(b) The total land development expected within the specific
geographic area will exceed the planned or existing capacity of
public facilities; and
(c) The public facilities strategy is structured to ensure that
the necessary supply of housing and commercial and industrial
facilities that will be impacted within the relevant geographic
area is not unreasonably restricted by the adoption of the public
facilities strategy.
(5) A public facilities strategy shall include a clear,
objective and detailed description of actions and practices a
local government or special district may engage in to control the
time and sequence of development approvals in response to the
identified deficiencies in public facilities.
(6) A public facilities strategy shall be effective for no more
than 24 months after the date on which it is adopted, but may be
extended, subject to subsection (7) of this section, provided the
local government or special district adopting the public
facilities strategy holds a public hearing on the proposed
extension and adopts written findings that:
(a) Verify that the problem giving rise to the need for a
public facilities strategy still exists;
(b) Demonstrate that reasonable progress is being made to
alleviate the problem giving rise to the need for a public
facilities strategy; and
(c) Set a specific duration for the extension of the public
facilities strategy.
(7)(a) A local government or special district considering an
extension of a public facilities strategy shall give the
department notice at least 14 days prior to the date of the
public hearing on the extension.
(b) A single extension may not exceed one year, and a public
facilities strategy may not be extended more than three
times. + }
SECTION 2. { + The amendments to ORS 197.768 by section 1 of
this 2001 Act apply to public facilities strategies adopted
before, on or after the effective date of this 2001 Act. + }
SECTION 3. ORS 221.035 is amended to read:
221.035. { + (1) If a person intends to file a petition for
incorporation under ORS 221.031 (1), the person may file a notice
of intent to prepare an economic feasibility statement with the
county clerk of the county in which the proposed city lies or,
should it lie in more than one county, to the county clerk of the
county in which the largest part of its territory lies.
(2) + }When a petition for incorporation is filed under ORS
221.031 (1), an economic feasibility statement concerning the
proposed city described in the petition shall also be filed with
the county clerk. The economic feasibility statement shall be
prepared by the persons designated as the chief petitioners and
shall form the basis for the proposed permanent rate limit for
operating taxes required by ORS 221.031 (2). The economic
feasibility statement shall contain:
{ - (1) - } { + (a) + } A description of the services and
functions to be performed or provided by the proposed city;
{ - (2) - } { + (b) + } An analysis of the relationship
between those services and functions and other existing or needed
government services; and
{ - (3) - } { + (c) + } Proposed first and third year
budgets for the new city demonstrating its economic feasibility.
SECTION 4. { + Section 5 of this 2001 Act is added to and made
a part of ORS 221.020 to 221.100. + }
SECTION 5. { + For an area that includes a rural
unincorporated community, as defined in section 2, chapter 132,
Oregon Laws 2001 (Enrolled House Bill 2458), if a notice of
intent to prepare an economic feasibility statement is filed
under ORS 221.035 (1) or a petition for incorporation is filed
under ORS 221.031 (1) before all or a part of the rural
unincorporated community is included in the acknowledged urban
growth boundary of a metropolitan service district organized
under ORS chapter 268, the incorporation may continue under the
statutory requirements that apply to the incorporation of a rural
unincorporated community under section 2, chapter 132, Oregon
Laws 2001 (Enrolled House Bill 2458). However, the area proposed
to be incorporated may include any lands that are included in the
acknowledged urban growth boundary. + }
SECTION 6. ORS 454.655 is amended to read:
454.655. (1) Except as otherwise provided in ORS 454.675,
without first obtaining a permit from the Department of
Environmental Quality, no person shall construct or install a
subsurface sewage disposal system, alternative sewage disposal
system or part thereof. However, a person may undertake emergency
repairs limited to replacing minor broken components of the
system without first obtaining a permit.
(2) A permit required by subsection (1) of this section shall
be issued only in the name of an owner or contract purchaser in
possession of the land. However, a permit issued to an owner or
contract purchaser carries the condition that the owner or
purchaser or regular employees or a person licensed under ORS
454.695 perform all labor in connection with the construction of
the subsurface or alternative sewage disposal system.
(3) The applications for a permit required by this section must
be accompanied by the permit fees prescribed in ORS 454.745.
(4) After receipt of an application and all requisite fees,
subject to ORS 454.685, the department shall issue a permit if it
finds that the proposed construction will be in accordance with
the rules of the Environmental Quality Commission. { - No - }
{ + A + } permit
{ - shall - } { + may not + } be issued if a community or
area-wide sewerage system is available which will satisfactorily
accommodate the proposed sewage discharge. { + The prohibition
on the issuance of a permit in this subsection does not apply to
a public agency as defined in ORS 454.430. + }
(5)(a) Unless weather conditions or distance and unavailability
of transportation prevent the issuance of a permit within 20 days
of the receipt of the application and fees by the department, the
department shall issue or deny the permit within 20 days after
such date. If such conditions prevent issuance or denial within
20 days, the department shall notify the applicant in writing of
the reason for the delay and shall issue or deny the permit
within 60 days after such notification.
(b) If within 20 days of the date of the application the
department fails to issue or deny the permit or to give notice of
conditions preventing such issuance or denial, the permit shall
be considered to have been issued.
(c) If within 60 days of the date of the notification referred
to in paragraph (a) of this subsection, the department fails to
issue or deny the permit, the permit shall be considered to have
been issued.
(6) Upon request of any person, the department may issue a
report, described in ORS 454.755 (1), of evaluation of site
suitability for installation of a subsurface or alternative
sewage disposal system or nonwater-carried sewage disposal
facility. The application for such report must be accompanied by
the fees prescribed in ORS 454.755.
(7) With respect to an application for a permit for the
construction and installation of a septic tank and necessary
effluent sewer and absorption facility for a single family
residence or for a farm related activity on a parcel of 10 acres
or more described in the application by the owner or contract
purchaser of the parcel, the Department of Environmental Quality:
(a) Within the period allowed by subsection (5)(a) of this
section after receipt by it of the application, shall issue the
permit or deliver to the applicant a notice of intent to deny the
issuance of the permit;
(b) In any notice of intent to deny an application, shall
specify the reasons for the intended denial based upon the rules
of the Environmental Quality Commission for the construction and
installation of a septic tank and necessary effluent sewer and
absorption facility or based upon the factors included in ORS
454.685 (2)(a) to (j);
(c) Upon request of the applicant, shall conduct a hearing in
the manner provided in ORS 454.635 (4) and (5) on the reasons
specified in a notice of intent to deny the application with the
burden of proof upon the department to justify the reasons
specified; and
(d) In the case of issuance of a permit, may include as a
condition of the permit that no other permit for a subsurface
sewage disposal system or alternative sewage disposal system
shall be issued for use on the described parcel while the
approved septic tank, effluent sewer and absorption facility are
in use on the described parcel.
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