74th OREGON LEGISLATIVE ASSEMBLY--2007 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 3791
House Bill 3550
Sponsored by Representative BUCKLEY
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.
Authorizes establishment of sustainable community destination
resorts with focus on sustainable practices.
A BILL FOR AN ACT
Relating to sustainable communities; creating new provisions; and
amending ORS 197.435 and 197.462.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 197.435 is amended to read:
197.435. As used in ORS 197.435 to 197.467:
(1) 'Developed recreational facilities' means improvements
constructed for the purpose of recreation and may include but are
not limited to golf courses, tennis courts, swimming pools,
marinas, ski runs and bicycle paths.
(2) 'High value crop area' means an area in which there is a
concentration of commercial farms capable of producing crops or
products with a minimum gross value of $1,000 per acre per year.
These crops and products include field crops, small fruits,
berries, tree fruits, nuts or vegetables, dairying, livestock
feedlots or Christmas trees as these terms are used in the 1983
County and State Agricultural Estimates prepared by the Oregon
State University Extension Service. The 'high value crop area '
designation is used for the purpose of minimizing conflicting
uses in resort siting and does not revise the requirements of an
agricultural land goal or administrative rules interpreting the
goal.
{ + (3) 'LEED' means the Leadership in Energy and
Environmental Design rating system for certification of energy
efficient and environmentally sustainable buildings established
by the United States Green Building Council.
(4) 'LEED Gold' means the third of four tiers of standards for
certification in the LEED rating system. + }
{ - (3) - } { + (5) + } 'Map of eligible lands' means a map
of the county adopted pursuant to ORS 197.455.
{ - (4) - } { + (6) + } 'Open space' means any land that is
retained in a substantially natural condition or is improved for
recreational uses such as golf courses, hiking or nature trails
or equestrian or bicycle paths or is specifically required to be
protected by a conservation easement. Open spaces may include
ponds, lands protected as important natural features, lands
preserved for farm or forest use and lands used as buffers. Open
space does not include residential lots or yards, streets or
parking areas.
{ - (5) - } { + (7) + } 'Overnight lodgings' means:
(a) With respect to lands not identified in paragraph (b) of
this subsection, permanent, separately rentable accommodations
that are not available for residential use, including hotel or
motel rooms, cabins and time-share units. Individually owned
units may be considered overnight lodgings if they are available
for overnight rental use by the general public for at least 45
weeks per calendar year through a central reservation and
check-in service. Tent sites, recreational vehicle parks,
manufactured dwellings, dormitory rooms and similar
accommodations do not qualify as overnight lodgings for the
purpose of this definition.
(b) With respect to lands in eastern Oregon, as defined in ORS
321.805, permanent, separately rentable accommodations that are
not available for residential use, including hotel or motel
rooms, cabins and time-share units. Individually owned units may
be considered overnight lodgings if they are available for
overnight rental use by the general public for at least 38 weeks
per calendar year through a central reservation system operated
by the destination resort or by a real estate property manager,
as defined in ORS 696.010. Tent sites, recreational vehicle
parks, manufactured dwellings, dormitory rooms and similar
accommodations do not qualify as overnight lodgings for the
purpose of this definition.
{ - (6) - } { + (8) + } ' Self-contained development'
means a development for which community sewer and water
facilities are provided on-site and are limited to meet the needs
of the development or are provided by existing public sewer or
water service as long as all costs related to service extension
and any capacity increases are borne by the development. A
'self-contained development ' must have developed recreational
facilities provided on-site.
{ + (9) 'Sustainable community and education center' or '
sustainable community' means a destination resort that expands
the experience base and educational opportunities for sustainable
practices and provides a resource for the development of new and
established sustainable practices. + }
{ - (7) - } { + (10) + } 'Tract' means a lot or parcel or
more than one contiguous lot or parcel in a single ownership.
{ - A tract may include property that is not included in the
proposed site for a destination resort if the property to be
excluded is on the boundary of the tract and constitutes less
than 30 percent of the total tract. - }
{ - (8) - } { + (11) + } 'Visitor-oriented accommodations'
means overnight lodging, restaurants and meeting facilities that
are designed to and provide for the needs of visitors rather than
year-round residents.
SECTION 2. { + Sections 3 and 4 of this 2007 Act are added to
and made a part of ORS 197.435 to 197.467. + }
SECTION 3. { + The Legislative Assembly declares:
(1) The purpose of this section is to encourage the
establishment of model sustainable communities and education
centers that can expand the experience base for sustainable
practices, attract tourists for sustainability vacation and
education programs, increase economic development, create jobs
and enhance the resource value of the land while providing added
environmental protection.
(2) Oregon has the opportunity to become a leader in
sustainability by fostering sustainable communities and education
centers that can serve as examples and resource centers as the
nation transitions to a more sustainable lifestyle.
(3) In sustainable communities, the residents can:
(a) Pioneer ways of living that we all will need to adopt for
our survival in the future.
(b) Advance the body of knowledge in three areas of sustainable
practices:
(A) Sustainable development and building practices;
(B) Sustainable land stewardship; and
(C) Sustainable living practices.
(4) Educational facilities and retreat centers, in which people
can learn about and experience sustainable practices or vacation
in an environmentally friendly setting, are integral to the value
of sustainable communities. + }
SECTION 4. { + (1) Except as provided in this section, a
sustainable community must meet the:
(a) Development standards described in ORS 197.445.
(b) Siting standards described in ORS 197.455.
(2) In sustainable communities, the land and buildings must be
developed in the most sustainable manner possible, and:
(a) Development must be limited to 10 percent of the land area
in high density planned unit developments designed around common
areas that have:
(A) Parking areas and roads designed to keep motor vehicle use
around the periphery of neighborhoods; and
(B) Bicycle and pedestrian paths within and between
neighborhoods, community facilities and mixed use areas of the
sustainable community as an alternative to motor vehicle uses
within the community.
(b) Buildings must be planned, designed and constructed using
energy efficient, sustainable building methods, including:
(A) For buildings for which LEED certification is available,
achieving LEED Gold certification.
(B) Exceeding Energy Star and Earth Advantage standards.
(c) Lumber must be certified by the Forest Stewardship Council.
(3) Sustainable communities must be planned, designed and
constructed to achieve zero net energy consumption through
conservation and renewable energy production.
(4) Residents of sustainable communities must develop and
practice sustainable living practices including, but not limited
to:
(a) Committing to calculating net carbon emissions and
minimizing or offsetting carbon emissions with reforestation
projects and carbon credits to achieve zero net carbon emissions.
(b) In addition to the required practices, pioneering and
practicing new and established sustainable methods and practicing
a wide variety of activities.
(5) The master plan for a sustainable community must require
the use of land stewardship practices that are sustainable,
including:
(a) Designation of at least 90 percent of the site as
sustainable stewardship land.
(b) Creation of conservation easements on the sustainable
stewardship land with a third-party conservation organization to
prevent further division and to establish sustainable stewardship
practices on the land in perpetuity.
(c) Certification of forestry operations by an organization
accredited by the Forest Stewardship Council.
(d) Certification of farming operations by an organization
specializing in sustainable farming operations.
(6) In addition to the costs of land acquisition and road
building, at least $7 million must be spent on:
(a) Improvements for on-site developed visitor-oriented
accommodations;
(b) Community facilities and sustainable technologies
including, but not limited to, sustainable energy production and
biological wastewater treatment systems; and
(c) Recreational facilities.
(7) At least one-quarter of the amount described in subsection
(6) of this section must be spent in the first phase of the
development.
(8) At least one-quarter of the visitor-oriented accommodations
described in ORS 197.445 (4) must be met in the first phase of
the development.
(9) The sustainable community must be planned around a
community center that includes:
(a) A community square and park.
(b) Commercial and mixed zoning uses designed to meet the needs
of residents and visitors and to minimize motor vehicle trips out
of the community, including space for small retail shops and
services, office and commercial space, recreational facilities
and an area for the possible future development of a community
school.
(c) At least four neighborhood areas, covering a maximum of
five percent of the total acreage of the tract.
(d) Notwithstanding ORS 197.445 (4)(a)(D), density that does
not exceed one neighborhood per 80 acres that contains high
density planned unit developments of not more than 40 units per
neighborhood that are:
(A) On individual lots of less than 5,000 square feet each; or
(B) Located in cooperative or condominium ownership.
(10) Notwithstanding ORS 197.455 (1), a sustainable community
may be sited on lands:
(a) Mapped as eligible for destination resort siting in ORS
197.455 (1);
(b) Located at least 10 miles from an urban growth boundary
with a population of 100,000 or more; or
(c) Described in ORS 197.455 (1)(b) to (d).
(11) If the sustainable community contains an area of sensitive
or especially sensitive big game habitat, a mitigation plan must
be included in the master plan for the sustainable community. + }
SECTION 5. ORS 197.462 is amended to read:
197.462. { + (1) Up to 30 percent of a tract may be excluded
from the proposed site for a destination resort.
(2) + }A portion of a tract that is excluded from the site of
a destination resort pursuant to { - ORS 197.435 (7) shall - }
{ + this section may + } not be used or operated in conjunction
with the resort.
{ + (3) + } Subject to this limitation, the use of the
excluded property { - shall be - } { + is + } governed by
otherwise applicable law.
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