Current through Register Vol. 63, No. 9, September 1, 2024
(1) MPOs shall
complete regional TSPs for their planning areas by May 8, 1996. For those areas
within a MPO, cities and counties shall adopt local TSPs and implementing
measures within one year following completion of the regional TSP:
(a) If by May 8, 2000, a Metropolitan
Planning Organization (MPO) has not adopted a regional transportation system
plan that meets the VMT reduction standard in OAR 660-012-0035 and the
metropolitan area does not have an approved alternative standard established
pursuant to OAR 660-012-0035, then the cities and counties within the
metropolitan area shall prepare and adopt an integrated land use and
transportation plan as outlined in OAR 660-012-0035. Such a plan shall be
prepared in coordination with the MPO and shall be adopted within three years;
(b) When an area is designated as
an MPO or is added to an existing MPO, the affected local governments shall,
within one year of adoption of the regional transportation plan, adopt a
regional TSP in compliance with applicable requirements of this division and
amend local transportation system plans to be consistent with the regional TSP.
(c) Local governments in
metropolitan areas may request and the commission may by order grant an
extension for completing an integrated land use and transportation plan
required by this division. Local governments requesting an extension shall set
forth a schedule for completion of outstanding work needed to complete an
integrated land use and transportation plan as set forth in OAR 660-012-0035.
This shall include, as appropriate:
(A)
Adoption of a long-term land use and transportation vision for the region;
(B) Identification of centers and
other land use designations intended to implement the vision;
(C) Adoption of housing and employment
allocations to centers and land use designations; and
(D) Adoption of implementing plans and zoning
for designated centers and other land use designations.
(d) Local governments within metropolitan
areas that are not in compliance with the requirements of this division to
adopt or implement a standard to increase transportation choices or have not
completed an integrated land use and transportation plan as required by this
division shall review plan and land use regulation amendments and adopt
findings that demonstrate that the proposed amendment supports implementation
of the region's adopted vision, strategy, policies or plans to increase
transportation choices and reduce reliance on the automobile.
(2) A plan or land use regulation
amendment supports implementation of an adopted regional strategy, policy or
plan for purposes of this section if it achieves the following as applicable:
(a) Implements the strategy or plan through
adoption of specific plans or zoning that authorizes uses or densities that
achieve desired land use patterns;
(b) Allows uses in designated centers or
neighborhoods that accomplish the adopted regional vision, strategy, plan or
policies; and
(c) Allows uses
outside designated centers or neighborhood that either support or do not
detract from implementation of desired development within nearby centers.
(3) For areas outside
an MPO, cities and counties shall complete and adopt regional and local TSPs
and implementing measures by May 8, 1997.
(4) By November 8, 1993, affected cities and
counties shall, for non-MPO urban areas of 25,000 or more, adopt land use and
subdivision ordinances or amendments required by OAR 660-012-0045(3),
(4)(a)-(f) and (5)(d). By May 8, 1994 affected cities and counties within MPO
areas shall adopt land use and subdivision ordinances or amendments required by
660-012-0045(3), (4)(a)-(e) and (5)(e). Affected cities and counties which do
not have acknowledged ordinances addressing the requirements of this section by
the deadlines listed above shall apply 660-012-0045(3), (4)(a)-(g) and (5)(e)
directly to all land use decisions and all limited land use decisions.
(5)
(a) Affected cities and counties that either:
(A) Have acknowledged plans and land use
regulations that comply with this rule as of May 8, 1995, may continue to apply
those acknowledged plans and land use regulations; or
(B) Have plan and land use regulations
adopted to comply with this rule as of April 12, 1995, may continue to apply
the provisions of this rule as they existed as of April 12, 1995, and may
continue to pursue acknowledgment of the adopted plans and land use regulations
under those same rule provisions provided such adopted plans and land use
regulations are acknowledged by April 12, 1996. Affected cities and counties
that qualify and make this election under this paragraph shall update their
plans and land use regulations to comply with the 1995 amendments to OAR
660-012-0045 as part of their transportation system plans.
(b) Affected cities and counties
that do not have acknowledged plans and land use regulations as provided in
subsection (a) of this section, shall apply relevant sections of this rule to
land use decisions and limited land use decisions until land use regulations
complying with this amended rule have been adopted.
(6) Cities and counties shall update their
TSPs and implementing measures as necessary to comply with this division at
each periodic review subsequent to initial compliance with this division. Local
governments within metropolitan areas shall amend local transportation system
plans to be consistent with an adopted regional transportation system plan
within one year of the adoption of an updated regional transportation system
plan or by a date specified in the adopted regional transportation system plan.
(7) The director may grant a whole
or partial exemption from the requirements of this division to cities under
10,000 population and counties under 25,000 population, and for areas within a
county within an urban growth boundary that contains a population less than
10,000. Eligible jurisdictions may request that the director approve an
exemption from all or part of the requirements in this division. Exemptions
shall be for a period determined by the director or until the jurisdiction's
next periodic review, whichever is shorter.
(a) The director's decision to approve an
exemption shall be based upon the following factors:
(A) Whether the existing and committed
transportation system is generally adequate to meet likely transportation
needs;
(B) Whether the new
development or population growth is anticipated in the planning area over the
next five years;
(C) Whether major
new transportation facilities are proposed which would affect the planning
areas;
(D) Whether deferral of
planning requirements would conflict with accommodating state or regional
transportation needs; and
(E)
Consultation with the Oregon Department of Transportation on the need for
transportation planning in the area, including measures needed to protect
existing transportation facilities.
(b) The director's decision to grant an
exemption under this section is appealable to the commission as provided in OAR
660-002-0020 (Delegation of Authority Rule)
(8) Portions of TSPs and implementing
measures adopted as part of comprehensive plans prior to the responsible
jurisdiction's periodic review shall be reviewed pursuant to OAR chapter 660,
division 18, Post Acknowledgment Procedures.
Stat. Auth.: ORS 183,
197.040 &
197.245
Stats. Implemented: ORS
195.025,
197.040,
197.230,
197.245,
197.610 -
197.625,
197.628 -
197.646,
197.712 &
197.717
