Zone Sponsor Policies
In terms of the means and authority by which local additional requirements are put into effect:
An enterprise zone sponsor shall consider a policy-making approach to achieve accountability and maintain consistency in imposing or setting such a requirement on business firms, especially in view of the following:
Constitutional or other legal protections for business firms; and
General principles of fairness and clarity regarding public purposes and intent.
Such a policy is relevant to the sponsor’s rationale in granting or refusing special benefits or waivers, as well as the additional requirements imposed or sought when granting the benefit or waiver to a business firm.
Except for conditions imposed by an urban enterprise zone under ORS 285C.150 (Conditions required by sponsor for authorization), such a policy does not need to be prospectively adopted, nor does it need to be based on formal documentation, and it may reflect the cumulative effect of the sponsor’s relevant past actions. A formal, explicit and prospective policy is preferable, especially whenever the following or comparable circumstances arise:
Relevant requests by business firms are common or expected to become increasingly frequent;
Sponsor would differentiate the basic decision to grant or refuse a special benefit or waiver, or to impose additional requirements, in terms of business or investment size or other factors;
The requirements imposed are numerous, complicated or otherwise entail various contingencies or matters of judgment that definite standards would facilitate; or
The sponsor would depart from an apparent pattern in terms of granting a special benefit or waiver or imposing certain corresponding requirements.