Current through Register Vol. 63, No. 3, March 1, 2024
(1) Applications
(a) Prior to initiating any use or
development which requires review and approval by the Executive Director, an
application shall be completed pursuant to 350-081-0054.
(b) The Executive Director shall accept and
review the application pursuant to 350-081-0054 for consistency with the
appropriate guidelines of this rule.
(c) The Commission may charge a fee for
review of applications after a public hearing. The Gorge Commission shall set
the fee.
(d) Standard application
forms shall be available at the Commission Office, and shall be provided to
county and city planning offices for which this ordinance is effective and the
Forest Service.
(e) Applications
for uses eligible for expedited review shall include the information required
for review uses listed in 350-081-0032(5). They shall also include elevation
drawings if the proposed development would be visible from a key viewing area.
The drawing shall show natural grade and finished grade.
(2) Acceptance of Application
(a) The Executive Director shall review the
application for completeness, and if complete, shall accept the application for
review.
(b) No application shall be
accepted until all documented omissions and deficiencies have been corrected by
the applicant. The Executive Director shall notify the applicant of all
omissions and deficiencies in writing. The Executive Director shall review
supplemental application materials to determine if the application is
complete.
(c) As a goal, the
Executive Director shall attempt to accept the application as complete or
notify the applicant of omissions and deficiencies in writing within 14 days of
receipt of the application. The Executive Director shall attempt to review
supplemental application materials within 14 days of receipt of the
materials.
(3) Notice of
Development Review
(a) Within 7 days of the
acceptance of an application, the Executive Director shall issue notice of a
proposed development review. The notice shall provide the following
information:
(A) The name of the
applicant;
(B) The general and
specific location of the subject property;
(C) A brief description of the proposed
action;
(D) The deadline for
issuing a decision; and
(E) The
deadline for filing comments on the proposed action.
(b) The notice shall state that the
application and supporting documents are available for inspection at the
Commission office during normal working hours.
(d) The notice shall be mailed to the Forest
Service, the four Indian tribal governments, applicable county or city planning
office(s), and other agencies and interested parties that request a notice or
that the Executive Director determines should be notified.
(e) A copy of the notice shall be posted on
the Commission's website.
(4) Comment Period: Any interested person or
party shall submit written comments within 10 days from the date a notice is
sent.
(5) Written Decision
(a) In making a decision on a proposed use or
development the Executive Director shall:
(A)
Consult with the applicant and such agencies as the Executive Director deems
appropriate;
(B) Consider
information submitted by the applicant and all other relevant information
available;
(C) Consider all
comments submitted pursuant to 350-081-0054(4); and
(D) Solicit and consider the comments of the
Forest Service.
(b) The
Executive Director shall approve a proposed use or development only if it is
consistent with the standards of section 6 and the purposes of
P.L.
99-663 and Commission Rule 350-81.
(A) In approving a proposed development
action, the Executive Director may impose conditions as necessary to ensure
consistency with the guidelines of Commission Rule 350-81.
(B) Conditions attached to approval of a
proposed development action shall be recorded in county deeds and records to
ensure notice of the conditions to successors in interest. The Executive
Director's decision shall include this requirement.
(c) The Executive Director shall issue a
decision on a proposed use or development including findings of fact and
conclusions of law and any conditions to ensure consistency with the standards
of section 6 and the purposes of
P.L.
99-663 and Commission Rule 350-81. As a goal, the
Executive Director shall attempt to issue a decision within 30 days after
acceptance of the application.
(d)
The decision of the Executive Director shall be final unless a Notice of Appeal
is filed in accordance with Commission Rule 350-70. An applicant who chooses to
proceed with an approved development during the appeal period shall assume all
associated risks and liabilities.
(6) Notice of Decision and Opportunity to
Appeal
(a) The Executive Director shall send a
copy of a decision issued under the expedited review process to the four Indian
tribal governments, the Forest Service, landowners within 200 feet of the
perimeter of the subject parcel, and anyone who submitted comments pursuant to
350-081-0054(4).
(b) Any person
shall be allowed to appeal a decision issued under the expedited review process
in accordance with Commission Rule 350-70.
(7) Expiration of Approvals. Approvals issued
under the expedited review process shall expire in accordance with the
standards for expiration of approvals for review uses (Commission Rule
350-081-0044, above).
(8) Changes
or Alterations to an Approved Action. Changes or alterations to an approval
issued under the expedited review process shall be made in accordance with the
standards for changes or alterations to approved actions for review uses
(Commission Rule 350-081-0046, above).
(9) The time periods in this rule are
effective retroactively to all expedited review applications that have been
submitted to the Commission and for which the Executive Director has not made a
decision.
Stat. Auth.: ORS
196.150, RCW 43.97.015 & 16
U.S.C. sec. 544c(b)
Stats. Implemented: ORS
196.150