Current through Register Vol. 63, No. 3, March 1, 2024
(1) In coordination with special districts,
counties shall adopt public facility plans meeting the requirements of OAR 660,
division 11, and include them in the comprehensive plan for unincorporated
communities over 2,500 in population. A community public facility plan
addressing sewer and water is required if the unincorporated community is
designated as an urban unincorporated community under OAR 660-022-0010 and
660-022-0020. For all communities, a sewer and water community public facility
plan is required if:
(a) Existing sewer or
water facilities are insufficient for current needs, or are projected to become
insufficient due to physical conditions, financial circumstances or changing
state or federal standards; or
(b)
The plan for the unincorporated community provides for an amount, type or
density of additional growth or infill that cannot be adequately served with
individual water or sanitary systems or by existing community facilities and
services; or
(c) The community
relies on groundwater and is within a groundwater limited or groundwater
critical area as identified by the Oregon Department of Water Resources;
or
(d) Land in the community has
been declared a health hazard or has a history of failing septic systems or
wells.
(2) A community
public facility plan shall include inventories, projected needs, policies and
regulations for the water and sewerage facilities which are existing or needed
to serve the unincorporated community, including:
(a) An inventory of the condition and
capacity of existing public facilities and services;
(b) An assessment of the level of facilities
and services needed to adequately serve the planned buildout within the
community area boundary; and
(c)
Coordination agreements consistent with ORS chapter 195.
(3) If existing community facilities and
services are not currently adequate to serve the development allowed in the
plan and zoning ordinance, the community public facility plan shall contain
either:
(a) Development restrictions to ensure
development will not exceed the capacity of the land to absorb waste and
provide potable water and will not exceed the capacity of public facilities;
or
(b) A list of new facilities,
and improvements for existing public facilities, necessary to adequately serve
the planned buildout in the unincorporated community, including the projected
costs of these improvements and an identification of the provider or providers
of these improvements; and
(c) A
discussion of the provider's funding mechanisms and the ability of these and
possibly new mechanisms to fund the development of each community public
facility project; and
(d) A
requirement that development not occur until the necessary public facilities
are available for that development.
Stat. Auth.: ORS
197.040 &
197.245
Stats. Implemented: ORS
197.040
