OAR 660-038-0210
Plan Changes Following a Simplified Urban Growth Boundary Evaluation
(1)
For the purposes of this rule, the following definitions apply in addition to those in OAR 660-038-0010 (Definitions):(a)
“Complete UGB evaluation” means changes to the comprehensive plan or land use regulation, or both, adopted by the city, and county if necessary, to enact needed updates identified during evaluation of the UGB under the provisions of this division when no UGB amendment is adopted.(b)
“Simplified UGB amendment” means an adopted change to the UGB of a city under the provisions of this division, “Simplified Urban Growth Boundary Method.”(2)
A city that has adopted a simplified UGB amendment or complete UGB evaluation is not required to complete periodic review pursuant to ORS 197.628 (Periodic review) to 197.651 (Appeal to Court of Appeals for judicial review of final order of Land Conservation and Development Commission) and OAR chapter 660, division 25. A city that is subject to the periodic review schedule in ORS 197.629 (Schedule for periodic review)(1) and OAR 660-025-0030 (Periodic Review Schedule)(2) that has adopted a simplified UGB amendment or complete UGB evaluation is subject to the requirements of this rule.(3)
Within one year after acknowledgment of the simplified UGB amendment or complete UGB evaluation, a city must prepare a work program for updating its comprehensive plan and land use regulations or determine that no work program is required, according to the requirements of this section.(a)
The city must complete a review to determine which, if any, parts of the comprehensive plan and land use regulations need to be updated in order to ensure that the comprehensive plan and land use regulations of the city comply with the statewide land use planning goals, statutes and administrative rules. The review must include, but is not limited to, the following:(A)
Changes identified during the simplified UGB amendment or complete UGB evaluation that were not adopted before or concurrently with the simplified UGB amendment or complete UGB evaluation;(B)
Changes to the public facilities and services plans to comply with the requirements of OAR chapter 660, division 11;(C)
Changes to the transportation system plan to comply with the requirements of OAR chapter 660, division 12;(D)
Change to comply with the requirements of ORS 197.660 (Definitions) to 197.670 (Zoning requirements and prohibitions for residential homes and residential facilities), Special Residences;(E)
Changes to comply with the requirements of ORS 195.110 (School facility plan for large school districts), School Facility Planning;(F)
Changes to comply with the requirements of OAR chapter 660, division 13, Airport Planning; and(G)
Changes to comply with the requirements of OAR chapter 660, division 23 commensurate with what would be required at the time of periodic review under OAR 660-023-0250 (Applicability)(5).(b)
The city must notify the affected county, state agencies, and special districts that it is reviewing the comprehensive plan and land use regulations and provide an opportunity for the affected county, agencies and districts to offer comments on which elements of the comprehensive plan and land use regulations need to be updated. The department is an affected state agency;(c)
The city must follow its citizen involvement program for conducting the review and determination of the scope of a work program. The city must provide written notice of the proposed work program to persons who participated in the simplified UGB amendment or complete UGB evaluation; to those who request such notice in writing; and to the affected county, agencies and districts at least 21 days before the final hearing on the work program;(d)
The city must include the elements of the list required in subsection (a) in the work program unless:(A)
The city determines that the acknowledged element of the plan or land use regulation continues to comply with the statewide planning goals, statutes and administrative rules and therefore does not need to be changed; or(B)
The listed statute or administrative rule does not apply to the city;(e)
The work program or determination that no work program is required must be approved by the city council by order, resolution or ordinance, as the city deems appropriate, after at least one public hearing. If any of the elements listed in subsection (a) are not included on the work program, the city must adopt findings explaining why the element or elements were not included;(f)
If the city determines a work program is necessary, the work program must include dates by which the city expects each change to be complete. The city should attempt to complete all of the work on the work program within five years after the work program is approved under subsection (e).(g)
The city must, within 20 days of city council action, submit the approved work program to the department.(4)
If the city does not approve a work program or determination that no work program is required under this rule within one year after acknowledgment of the simplified UGB amendment or complete UGB evaluation and provide the work program to the department, the director must schedule a hearing before the commission. The commission may issue an order imposing one or more of the following sanctions until the work program receives final approval by the city under subsection (3)(e):(a)
Require the local government to apply those portions of the goals and rules to land use decisions as specified in the order. Sanctions may be imposed under this subsection only when necessary to resolve a specific deficiency identified in the order.(b)
Forfeiture of all or a portion of the grant money received to conduct the review or develop the work program under this rule.(c)
Completion of the work program by the department. The commission may require the city to pay the cost for completion of work performed by the department, following the withholding process set forth in ORS 197.335 (Order for compliance with goals)(4).(d)
Application of such interim measures as the commission deems necessary to ensure compliance with the statewide planning goals, statutes and administrative rules.(5)
The city, and the county if applicable, must change the comprehensive plan and land use regulations according to the work program in section (3) unless, during the course of the plan change process, the city determines no update is required.(6)
Changes to the comprehensive plan and land use regulations pursuant to this rule must comply with OAR 660-018-0020 (Notice of a Proposed Change to a Comprehensive Plan or Land Use Regulation) through 660-018-0060 (Who May Appeal).(7)
Commencing one year after the city approves a work program under subsection (3)(e), the city must submit an annual written report to the affected state agencies describing the status of changes to the comprehensive plan and land use regulations contained in the work program. The report must describe the progress made toward completion of the work program.(8)
At any time after receiving the first annual report required in section (7), the department may, after obtaining comments on an annual report from other affected state agencies, schedule a hearing before the commission to review the city’s progress toward completion of the work program. If the commission finds that the city, and county if applicable, is not making satisfactory progress toward achieving compliance with the statewide planning goals, statutes and administrative rules, the commission may issue an order imposing one or more of the following sanctions until the changes to the comprehensive plan and land use regulations specified on the work program receive final approval by the city and county, if applicable:(a)
Require the local government to apply those portions of the goals and rules to land use decisions as specified in the order. Sanctions may be imposed under this subsection only when necessary to resolve a specific deficiency identified in the order.(b)
Forfeiture of all or a portion of the grant money received to conduct the work called for on the work program.(c)
Completion of the work by the department. The commission may require the city to pay the cost for completion of work performed by the department, following the withholding process set forth in ORS 197.335 (Order for compliance with goals)(4).(d)
Application of such interim measures as the commission deems necessary to ensure compliance with the statewide planning goals, statutes and administrative rules.(9)
The exemption from the requirement to complete periodic review in section (2) expires when, according to the most recent final forecast issued by the Portland State University Population Research Center under ORS 195.033 (Area population forecasts), the population of the city has grown by 100 percent of the population growth forecast to occur in conjunction with the city’s previous simplified UGB amendment or complete UGB analysis unless the city has completed a subsequent UGB evaluation pursuant to this division or OAR chapter 660, division 24.
Source:
Rule 660-038-0210 — Plan Changes Following a Simplified Urban Growth Boundary Evaluation, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-038-0210.