Chapter 232
AN ACT
SB 311
Relating to application for action by local government; amending ORS
215.427.
Be It Enacted by the People of
the State of
SECTION 1. ORS 215.427 is amended to read:
215.427. (1) Except as
provided in subsections (3) and [(4)]
(5) of this section, for land within an urban growth boundary and
applications for mineral aggregate extraction, the governing body of a county
or its designee shall take final action on an application for a permit, limited
land use decision or zone change, including resolution of all appeals under ORS
215.422, within 120 days after the application is deemed complete. The
governing body of a county or its designee shall take final action on all other
applications for a permit, limited land use decision or zone change, including
resolution of all appeals under ORS 215.422, within 150 days after the
application is deemed complete, except as provided in subsections (3) and [(4)] (5) of this section.
(2) If an application
for a permit, limited land use decision or zone change is incomplete, the
governing body or its designee shall notify the applicant in writing of
exactly what information is missing within 30 days of receipt of the
application and allow the applicant to submit the missing information. The
application shall be deemed complete for the purpose of subsection (1) of this
section [upon receipt by the governing
body or its designee of the missing information. If the applicant refuses to
submit the missing information, the application shall be deemed
complete for the purpose of subsection (1) of this section on the 31st day
after the governing body first received the application] upon receipt by
the governing body or its designee of:
(a)
All of the missing information;
(b) Some of the missing
information and written notice from the applicant that no other information
will be provided; or
(c) Written notice from
the applicant that none of the missing information will be provided.
(3)(a) If the
application was complete when first submitted or the applicant submits [the requested] additional information,
as described in subsection (2) of this section, within 180 days of the date
the application was first submitted and the county has a comprehensive plan and
land use regulations acknowledged under ORS 197.251, approval or denial of the
application shall be based upon the standards and criteria that were applicable
at the time the application was first submitted.
(b) If the application
is for industrial or traded sector development of a site identified under
section 12, chapter 800, Oregon Laws 2003, and proposes an amendment to the
comprehensive plan, approval or denial of the application must be based upon
the standards and criteria that were applicable at the time the application was
first submitted, provided the application complies with paragraph (a) of this
subsection.
(4) On the 181st day
after first being submitted, the application is void if the applicant has been
notified of the missing information as required under subsection (2) of this
section and has not submitted:
(a)
All of the missing information;
(b) Some of the missing
information and written notice that no other information will be provided; or
(c) Written notice that
none of the missing information will be provided.
[(4)] (5) The period set in
subsection (1) of this section may be extended for a [reasonable] specified period of time at the written
request of the applicant. The total of all extensions may not exceed 215
days.
[(5)] (6) The period set in subsection
(1) of this section applies:
(a) Only to decisions
wholly within the authority and control of the governing body of the county;
and
(b) Unless the parties
have agreed to mediation as described in ORS 197.319 (2)(b).
[(6)] (7) Notwithstanding subsection [(5)] (6) of this section, the period set in subsection (1)
of this section does not apply to an amendment to an acknowledged comprehensive
plan or land use regulation or adoption of a new land use regulation that was
forwarded to the Director of the Department of Land Conservation and
Development under ORS 197.610 (1).
[(7)] (8) Except when an applicant requests an extension
under subsection [(4)] (5) of
this section, if the governing body of the county or its designee does not take
final action on an application for a permit, limited land use decision or zone
change within 120 days or 150 days, as applicable, after the application is
deemed complete, the county shall refund to the applicant either the unexpended
portion of any application fees or deposits previously paid or 50 percent of
the total amount of such fees or deposits, whichever is greater. The applicant
is not liable for additional governmental fees incurred subsequent to the
payment of such fees or deposits. However, the applicant is responsible for the
costs of providing sufficient additional information to address relevant issues
identified in the consideration of the application.
[(8)] (9) A county may not compel an applicant to waive the
period set in subsection (1) of this section or to waive the provisions of
subsection [(7)] (8) of this
section or ORS 215.429 as a condition for taking any action on an application
for a permit, limited land use decision or zone change except when such
applications are filed concurrently and considered jointly with a plan
amendment.
Approved by the Governor May 30, 2007
Filed in the office of Secretary of State May 31, 2007
Effective date January 1, 2008
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