ORS 195.110
School facility plan for large school districts


(1)

As used in this section, “large school district” means a school district that has an enrollment of over 2,500 students based on certified enrollment numbers submitted to the Department of Education during the first quarter of each new school year.

(2)

A city or county containing a large school district shall:

(a)

Include as an element of its comprehensive plan a school facility plan prepared by the district in consultation with the affected city or county.

(b)

Initiate planning activities with a school district to accomplish planning as required under ORS 195.020 (Special district planning responsibilities).

(3)

The provisions of subsection (2)(a) of this section do not apply to a city or a county that contains less than 10 percent of the total population of the large school district.

(4)

The large school district shall select a representative to meet and confer with a representative of the city or county, as described in subsection (2)(b) of this section, to accomplish the planning required by ORS 195.020 (Special district planning responsibilities) and shall notify the city or county of the selected representative. The city or county shall provide the facilities and set the time for the planning activities. The representatives shall meet at least twice each year, unless all representatives agree in writing to another schedule, and make a written summary of issues discussed and proposed actions.

(5)

Intentionally left blank —Ed.

(a)

The school facility plan must cover a period of at least 10 years and must include, but need not be limited to, the following elements:

(A)

Population projections by school age group.

(B)

Identification by the city or county and by the large school district of desirable school sites.

(C)

Descriptions of physical improvements needed in existing schools to meet the minimum standards of the large school district.

(D)

Financial plans to meet school facility needs, including an analysis of available tools to ensure facility needs are met.

(E)

An analysis of:
(i)
The alternatives to new school construction and major renovation; and
(ii)
Measures to increase the efficient use of school sites including, but not limited to, multiple-story buildings and multipurpose use of sites.

(F)

Ten-year capital improvement plans.

(G)

Site acquisition schedules and programs.

(b)

Based on the elements described in paragraph (a) of this subsection and applicable laws and rules, the school facility plan must also include an analysis of the land required for the 10-year period covered by the plan that is suitable, as a permitted or conditional use, for school facilities inside the urban growth boundary.

(6)

If a large school district determines that there is an inadequate supply of suitable land for school facilities for the 10-year period covered by the school facility plan, the city or county, or both, and the large school district shall cooperate in identifying land for school facilities and take necessary actions, including, but not limited to, adopting appropriate zoning, aggregating existing lots or parcels in separate ownership, adding one or more sites designated for school facilities to an urban growth boundary, or petitioning a metropolitan service district to add one or more sites designated for school facilities to an urban growth boundary pursuant to applicable law.

(7)

The school facility plan shall provide for the integration of existing city or county land dedication requirements with the needs of the large school district.

(8)

The large school district shall:

(a)

Identify in the school facility plan school facility needs based on population growth projections and land use designations contained in the city or county comprehensive plan; and

(b)

Update the school facility plan during periodic review or more frequently by mutual agreement between the large school district and the affected city or county.

(9)

Intentionally left blank —Ed.

(a)

In the school facility plan, the district school board of a large school district may adopt objective criteria to be used by an affected city or county to determine whether adequate capacity exists to accommodate projected development. Before the adoption of the criteria, the large school district shall confer with the affected cities and counties and agree, to the extent possible, on the appropriate criteria. After a large school district formally adopts criteria for the capacity of school facilities, an affected city or county shall accept those criteria as its own for purposes of evaluating applications for a comprehensive plan amendment or for a residential land use regulation amendment.

(b)

A city or county shall provide notice to an affected large school district when considering a plan or land use regulation amendment that significantly impacts school capacity. If the large school district requests, the city or county shall implement a coordinated process with the district to identify potential school sites and facilities to address the projected impacts.

(10)

A school district that is not a large school district may adopt a school facility plan as described in this section in consultation with an affected city or county.

(11)

The capacity of a school facility is not the basis for a development moratorium under ORS 197.505 (Definitions for ORS 197.505 to 197.540) to 197.540 (Review by Land Use Board of Appeals).

(12)

This section does not confer any power to a school district to declare a building moratorium.

(13)

A city or county may deny an application for residential development based on a lack of school capacity if:

(a)

The issue is raised by the school district;

(b)

The lack of school capacity is based on a school facility plan formally adopted under this section; and

(c)

The city or county has considered options to address school capacity. [1993 c.550 §2; 1995 c.508 §1; 2001 c.876 §1; 2007 c.579 §1]

Source: Section 195.110 — School facility plan for large school districts, https://www.­oregonlegislature.­gov/bills_laws/ors/ors195.­html.

195.020
Special district planning responsibilities
195.025
Regional coordination of planning activities
195.033
Area population forecasts
195.036
Metro area population forecast
195.040
Annual county reports on comprehensive planning compliance
195.060
Definitions
195.065
Agreements required
195.070
Agreement factors
195.075
Agreement provisions and considerations
195.080
Application of comprehensive plans and land use regulations
195.085
Compliance deadlines
195.110
School facility plan for large school districts
195.115
Reducing barriers for pedestrian and bicycle access to schools
195.120
Rules and planning goal amendments for parks required
195.125
Existing uses in state parks
195.137
Definitions for ORS 195.137 to 195.145
195.139
Legislative findings
195.141
Designation of rural reserves and urban reserves pursuant to intergovernmental agreement
195.143
Coordinated and concurrent process for designation of rural reserves and urban reserves
195.144
Designation of rural reserves and urban reserves in Washington County
195.145
Urban reserves
195.205
Annexation by provider
195.210
Election procedures
195.215
Election certification
195.220
Annexation plan provisions
195.225
Boundary commission review
195.235
Application of other annexation procedures
195.250
Definitions for ORS 195.250 to 195.260
195.253
Policy
195.256
Legislative findings
195.260
Duties of local governments, state agencies and landowners in landslide hazard areas
195.300
Definitions for ORS 195.300 to 195.336
195.301
Legislative findings
195.305
Compensation for restriction of use of real property due to land use regulation
195.308
Exception to requirement for compensation
195.310
Claim for compensation
195.312
Procedure for processing claims
195.314
Notice of claim
195.316
Notice of Measure 37 permit
195.318
Judicial review
195.320
Ombudsman
195.322
Duties of ombudsman
195.324
Effect of certain applications or petitions on right to relief
195.326
Qualification of appraisers
195.328
Acquisition date of claimant
195.330
Filing date of documents
195.332
Fair market value of property
195.334
Effect of invalidity
195.336
Compensation and Conservation Fund
195.500
Policy for removal of homeless individuals camping on public property
195.505
Elements of camp removal policies
195.510
Sites not subject to ORS 195.500 to 195.510
195.520
Camping by individuals living in vehicles
195.530
Noncamping use of public property by homeless individuals
195.850
Reporting local government boundary changes to certain mass transit districts
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