71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3045
Sponsored by Representative DEVLIN; Representative SCHRADER
CHAPTER ................
AN ACT
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
Enrolled House Bill 3045 (HB 3045-A) Page 1
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
Enrolled House Bill 3045 (HB 3045-A) Page 2
to the local government comprehensive plan or land use
regulations.
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Passed by House June 30, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 4, 2001
...........................................................
President of Senate
Enrolled House Bill 3045 (HB 3045-A) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3045 (HB 3045-A) Page 4