75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3285
House Bill 3032
Sponsored by Representative SCHAUFLER (at the request of Oregon
Home Builders 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 as
introduced.
Subjects state agency that imposes moratorium on development to
requirements imposed on local governments that impose moratorium.
A BILL FOR AN ACT
Relating to adoption of moratorium by state agency; amending ORS
197.505, 197.510, 197.520, 197.524, 197.530 and 197.768.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 197.505 is amended to read:
197.505. As used in ORS 197.505 to 197.540:
(1) 'Public facilities' means those public facilities for which
a public facilities plan is required under ORS 197.712.
(2) 'Special district' refers to only those entities as defined
in ORS 197.015 (19) that provide services for which public
facilities plans are required.
{ + (3) 'State agency' has the meaning given that term in ORS
171.133. + }
SECTION 2. ORS 197.510 is amended to read:
197.510. The Legislative Assembly finds and declares that:
(1) The declaration of moratoria on construction and land
development by cities, counties { + , + } { - and - } special
districts { + or state agencies + } may have a negative effect
not only on property owners, but also on the housing and economic
development policies and goals of other local governments within
the state, and therefore, is a matter of statewide concern.
(2) Such moratoria, particularly when limited in duration and
scope, and adopted pursuant to growth management systems that
further the statewide planning goals and local comprehensive
plans, may be both necessary and desirable.
(3) Clear state standards should be established to ensure that:
(a) The need for moratoria is considered and documented;
(b) The impact on property owners, housing and economic
development is minimized; and
(c) Necessary and properly enacted moratoria are not subjected
to undue litigation.
SECTION 3. ORS 197.520 is amended to read:
197.520. (1) { - No - } { + A + } city, county { + , + }
{ - or - } special district { + or state agency + } may
{ + not + } adopt a moratorium on construction or land
development unless it first:
(a) Provides written notice to the Department of Land
Conservation and Development at least 45 days prior to the final
public hearing to be held to consider the adoption of the
moratorium;
(b) Makes written findings justifying the need for the
moratorium in the manner provided for in this section; and
(c) Holds a public hearing on the adoption of the moratorium
and the findings which support the moratorium.
(2) For urban or urbanizable land, a moratorium may be
justified by demonstration of a need to prevent a shortage of
public facilities which would otherwise occur during the
effective period of the moratorium. Such a demonstration shall be
based upon reasonably available information, and shall include,
but need not be limited to, findings:
(a) Showing the extent of need beyond the estimated capacity of
existing public facilities expected to result from new land
development, including identification of any public facilities
currently operating beyond capacity, and the portion of such
capacity already committed to development;
(b) That the moratorium is reasonably limited to those areas of
the city, county { + , + } { - or - } special district { + or
state + }where a shortage of key public facilities would
otherwise occur; and
(c) That the housing and economic development needs of the area
affected have been accommodated as much as possible in any
program for allocating any remaining public facility capacity.
(3) A moratorium not based on a shortage of public facilities
under subsection (2) of this section may be justified only by a
demonstration of compelling need. Such a demonstration shall be
based upon reasonably available information and shall include,
but need not be limited to, findings:
(a) For urban or urbanizable land:
(A) That application of existing development ordinances or
regulations and other applicable law is inadequate to prevent
irrevocable public harm from development in affected geographical
areas;
(B) That the moratorium is sufficiently limited to ensure that
a needed supply of affected housing types and the supply of
commercial and industrial facilities within or in proximity to
the city, county { + , + } { - or - } special district { + or
affected portion of the state + } are not unreasonably restricted
by the adoption of the moratorium;
(C) Stating the reasons alternative methods of achieving the
objectives of the moratorium are unsatisfactory;
(D) That the city, county { + , + } { - or - } special
district { + or state agency + } has determined that the public
harm which would be caused by failure to impose a moratorium
outweighs the adverse effects on other affected local
governments, including shifts in demand for housing or economic
development, public facilities and services and buildable lands,
and the overall impact of the moratorium on population
distribution; and
(E) That the city, county { + , + } { - or - } special
district { + or state agency + } proposing the moratorium has
determined that sufficient resources are available to complete
the development of needed interim or permanent changes in plans,
regulations or procedures within the period of effectiveness of
the moratorium.
(b) For rural land:
(A) That application of existing development ordinances or
regulations and other applicable law is inadequate to prevent
irrevocable public harm from development in affected geographical
areas;
(B) Stating the reasons alternative methods of achieving the
objectives of the moratorium are unsatisfactory;
(C) That the moratorium is sufficiently limited to ensure that
lots or parcels outside the affected geographical areas are not
unreasonably restricted by the adoption of the moratorium; and
(D) That the city, county { + , + } { - or - } special
district { + or state agency + } proposing the moratorium has
developed a work plan and time schedule for achieving the
objectives of the moratorium.
(4) { - No - } { + A + } moratorium adopted under
subsection (3)(a) of this section { - shall - } { + may
not + } be effective for a period longer than 120 days, but such
a moratorium may be extended { - provided - } { + if + } the
city, county { + , + } { - or - } special district { + or
state agency + } adopting the moratorium holds a public hearing
on the proposed extension and adopts written findings that:
(a) Verify the problem giving rise to the need for a moratorium
still exists;
(b) Demonstrate that reasonable progress is being made to
alleviate the problem giving rise to the moratorium; and
(c) Set a specific duration for the renewal of the moratorium.
{ - No - } { + An + } extension may { + not + } be for a
period longer than six months.
(5) { - Any - } { + A + } city, county { + , + }
{ - or - } special district { + or state agency + }
considering an extension of a moratorium shall give the
department at least 14 days' notice of the time and date of the
public hearing on the extension.
SECTION 4. ORS 197.524 is amended to read:
197.524. (1) When a local government { + or a state agency + }
engages in a pattern or practice of delaying or stopping the
issuance of permits, authorizations or approvals necessary for
the subdivision or partitioning of, or construction on, any land,
including delaying or stopping issuance based on a shortage of
public facilities { - , - } { + :
(a) + }The local government shall:
{ - (a) - } { + (A) + } Adopt a public facilities strategy
under ORS 197.768; or
{ - (b) - } { + (B) + } Adopt a moratorium on construction
or land development under ORS 197.505 to 197.540.
{ + (b) The state agency shall:
(A) Adopt a public facilities strategy under ORS 197.768; or
(B) Subject to subsection (3) of this section, adopt a
moratorium on construction or land development under ORS 197.505
to 197.540. + }
(2) The provisions of subsection (1) of this section do not
apply to the delay or stopping of the issuance of permits,
authorizations or approvals { + by a local government + }
because they are inconsistent with the local government's
comprehensive plan or land use regulations.
{ + (3) ORS 197.505 to 197.540 do not authorize adoption of a
moratorium by a state agency that does not otherwise have that
authority. + }
SECTION 5. ORS 197.530 is amended to read:
197.530. (1) A city, county { + , + } { - or - } special
district { + or state agency + } that adopts a moratorium on
construction or land development in conformity with ORS 197.520
(1) and (2) shall within 60 days after the effective date of the
moratorium adopt a program to correct the problem creating the
moratorium. The program shall be presented at a public hearing.
The city, county { + , + }
{ - or - } special district { + or state agency + } shall
give at least 14 days' advance notice to the Department of Land
Conservation and Development of the time and date of the public
hearing.
(2) { - No - } { + A + } moratorium adopted under ORS
197.520 (2) { - shall - } { + may not + } be effective for a
period longer than six months from the date on which the
corrective program is adopted, but such a moratorium may be
extended provided the city, county { + , + } { - or - }
special district { + or state agency + } adopting the moratorium
holds a public hearing on the proposed extension and adopts
written findings that:
(a) Verify that the problem giving rise to the moratorium still
exists;
(b) Demonstrate that reasonable progress is being made to
alleviate the problem giving rise to the moratorium; and
(c) Set a specific duration for the renewal of the moratorium.
(3) { - No - } { + A + } single extension under subsection
(2) of this section may { + not + } be for a period longer than
six months, and { - no - } { + a + } moratorium
{ - shall - } { + may not + } be extended more than three
times.
(4) { - Any - } { + A + } city, county { + , + }
{ - or - } special district { + or state agency + }
considering an extension of a moratorium shall give the
department at least 14 days' notice of the time and date of the
public hearing on the extension.
SECTION 6. ORS 197.768 is amended to read:
197.768. (1) As used in this section { - , - } { + :
(a) + } 'Special district' has the meaning given that term in
ORS 197.505.
{ + (b) 'State agency' has the meaning given that term in ORS
171.133. + }
(2)(a) A local government or special district may adopt a
public facilities strategy if the public facilities strategy:
(A)(i) Is acknowledged under ORS 197.251; or
(ii) Is approved by the Land Conservation and Development
Commission under ORS 197.628 to 197.650; and
(B) Meets the requirements 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.
(3) A local government { + , + } { - or - } special district
{ + or state agency + } may adopt a public facilities strategy
only if the local government { + , + } { - or - } special
district { + or state agency + }:
(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 state agency shall:
(a) Adopt a public facilities strategy if required to do so
under ORS 197.505 to 197.540.
(b) Submit the public facilities strategy to the Land
Conservation and Development Commission, in the manner described
in ORS 197.180, to ensure that the strategy complies with the
agency's certified state agency coordination program. + }
{ - (5) - } { + (6) + } A public facilities strategy shall
include a clear, objective and detailed description of actions
and practices a local government { + , + } { - or - } special
district { + or state agency + } may engage in to control the
time and sequence of development approvals in response to the
identified deficiencies in public facilities.
{ - (6) - } { + (7) + } 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) - } { + (8) + } of this section, provided the local
government { + , + } { - or - } special district { + or state
agency + } 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) - } { + (8)(a) + } A local government { + , + }
{ - or - } special district { + or state agency + }
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.
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