Current through Register Vol. 63, No. 9, September 1, 2024
(1) The governing
body of the city or county responsible for development of the public facility
plan shall adopt the plan as a supporting document to the jurisdiction's
comprehensive plan and shall also adopt as part of the comprehensive plan:
(a) The list of public facility project
titles, excluding (if the jurisdiction so chooses) the descriptions or
specifications of those projects;
(b) A map or written description of the
public facility projects' locations or service areas as specified in sections
(2) and (3) of this rule; and
(c)
The policy(ies) or urban growth management agreement designating the provider
of each public facility system. If there is more than one provider with the
authority to provide the system within the area covered by the public facility
plan, then the provider of each project shall be designated.
(2) Certain public facility
project descriptions, location or service area designations will necessarily
change as a result of subsequent design studies, capital improvement programs,
environmental impact studies, and changes in potential sources of funding. It
is not the intent of this division to:
(a)
Either prohibit projects not included in the public facility plans for which
unanticipated funding has been obtained;
(b) Preclude project specification and
location decisions made according to the National Environmental Policy Act;
or
(c) Subject administrative and
technical changes to the facility plan to ORS
197.610(1) and
(2) or
197.835(4).
(3) The public facility plan may
allow for the following modifications to projects without amendment to the
public facility plan:
(a) Administrative
changes are those modifications to a public facility project which are minor in
nature and do not significantly impact the project's general description,
location, sizing, capacity, or other general characteristic of the
project;
(b) Technical and
environmental changes are those modifications to a public facility project
which are made pursuant to "final engineering" on a project or those that
result from the findings of an Environmental Assessment or Environmental Impact
Statement conducted under regulations implementing the procedural provisions of
the National Environmental Policy Act of 1969 (40 CFR Parts
1500-1508)or any federal or State of Oregon agency project development
regulations consistent with that Act and its regulations.
(c) Public facility project changes made
pursuant to subsection (3)(b) of this rule are subject to the administrative
procedures and review and appeal provisions of the regulations controlling the
study (40 CFR Parts 1500-1508 or similar regulations) and are not
subject to the administrative procedures or review or appeal provisions of ORS
Chapter 197, or OAR Chapter 660 Division 18.
(4) Land use amendments are those
modifications or amendments to the list, location or provider of, public
facility projects, which significantly impact a public facility project
identified in the comprehensive plan and which do not qualify under subsection
(3)(a) or (b) of this rule. Amendments made pursuant to this subsection are
subject to the administrative procedures and review and appeal provisions
accorded "land use decisions" in ORS Chapter 197 and those set forth in OAR
Chapter 660 Division 18.
Stat. Auth.: ORS 183 & ORS 197
Stats. Implemented: ORS
197.712
