Current through Register Vol. 63, No. 9, September 1, 2024
(1) Pursuant to ORS
197A.310(3) or 197A.312(3), a city that amends its UGB using this division
shall demonstrate that lands included within the UGB:
(a) Provide sufficient serviceable land for
at least a seven-year period, and
(b) Can all be serviceable over a 14-year
period.
(2) For
purposes of subsection (1)(a) of this rule, a city shall demonstrate adequate
sewer, water and transportation capacity to serve at least seven years of
planned urban development based on system capacity and system improvements that
are identified and described in an acknowledged public facilities plan, an
acknowledged Transportation System Plan, a capital improvement plan, or the
findings adopted by a city in support of a decision to amend its UGB. This
shall consist of sewer, water and transportation capacity that is available or
can be provided based on subsection (a) or (b) of this section, or both:
(a) Capacity is available: existing sewer,
water and transportation system capacity sufficient to serve some or all of the
anticipated seven-year demand is available. To demonstrate available sewer and
water capacity, a city may rely upon the system capacity documentation
contained in the acknowledged Public Facilities Plan adopted pursuant to OAR
chapter 660, division 11, and documentation from city or other service provider
records of current system condition and demand. To demonstrate available
transportation system capacity, a city may rely upon the system capacity
documentation contained in an acknowledged Transportation System Plan (TSP)
adopted pursuant to OAR chapter 660, division 12;
(b) Capacity can be provided within seven
years: sewer, water and transportation system capacity sufficient to serve the
anticipated seven-year demand can be provided by identified system improvements
that:
(A) Are fully funded and scheduled for
construction within a seven-year period;
(B) Can be made subject to committed
financing, which means a city or other service provider has one or more
dedicated funding mechanisms in place that will generate sufficient revenue to
fund the construction of such improvements within a seven-year period; or
(C) Can have committed financing
in place, which means a city or other service provider does not have dedicated
funding mechanisms in place but has identified funding sources and methods that
will be implemented by the city or other service provider, and that will
generate sufficient revenues to fund the construction of such improvements
within a seven-year period.
(3) For purposes of subsection (1)(b) of this
rule, to demonstrate that adequate sewer, water and transportation capacity can
be in place for that portion of the 14-year period for which capacity has not
been demonstrated in accordance with section (2) of this rule, a city shall:
(a) Identify the type and amount of the
needed capacity;
(b) Identify the
system improvements required to provide the needed capacity; and,
(c) Identify the funding method(s) that is or
can be in place to provide committed financing in an amount sufficient to
provide the needed capacity within the 14-year period. This identification
shall include:
(A) The type of proposed
funding method(s);
(B) The
statutory or other legal authority for establishing the proposed funding
method(s);
(C) The timing of the
establishment of the proposed funding method(s); and,
(D) The projected revenues to be generated by
the proposed funding method(s).
(4) For purposes of this rule, "sewer, water
and transportation capacity for planned urban development" includes:
(a) Sewer capacity, which consists of
wastewater treatment facility capacity and collection system capacity,
including interceptors, lift or pump stations, force mains, and main sewer
lines;
(b) Water capacity,
including:
(A) Available water rights;
(B) Water treatment capacity;
(C) Water storage capacity,
including system reserves needed for fire suppression; and,
(D) Distribution system capacity, including
pumping facilities, primary and secondary feeders, and distributor mains; and
(c) Transportation
capacity, including:
(A) Networks of
pedestrian, bicycle, transit, and street facilities; and
(B) Performance of the planned transportation
system measured against adopted transportation performance standards set forth
in the applicable acknowledged TSP.
(5) For purposes of this rule, "committed
financing" means financing methods for which a city or other service provider
has identified and documented the following: the authority to establish and
implement the method, the amount of funding to be generated, the purpose to
which the funding will be dedicated, and the repayment method and schedule for
any bonded or credit indebtedness is identified and documented. Committed
financing includes, but is not limited to, funding that is:
(a) Included in the adopted budget of the
service provider;
(b) Designated
for projects included in the Statewide Transportation Improvement Program;
(c) Provided by the Department of
Interior through the Bureau of Indian Affairs Tribal Transportation Plan (TTP)
program pursuant to 25 CFR Part 170 ;
(d) Provided through a development agreement
entered into pursuant to ORS 94.504 to 94.528;
(e) Provided by system development charges
established pursuant to ORS 223.997 to 223.314 or by other authorized
development fees, conditions of approval or exactions;
(f) Provided by utility fees;
(g) Provided through Local Improvement
District or Reimbursement District assessments; or
(h) Provided by revenue bonds, financing
agreements, voter approved general obligation bonds or other authorized debt
instruments.
(6) For
lands that are added to a UGB pursuant to a method described in this this
division but not made "serviceable" within 20 years after the date of their
inclusion:
(a) The lands must be removed from
within the UGB the next time the city evaluates the UGB; or
(b) If there have been significant increases
in the cost of making the lands serviceable, the planned development capacity
of the lands must be reduced by an amount based on such costs the next time the
city evaluates the need for land in the UGB.
Stat. Auth.: ORS 197.040, 197A.305, 197A.320 &
197.235
Stats. Implemented: ORS 197A.300, 197A.302, 197A.305,
197A.310, 197A.312, 197A.315, 197A.320 &
197A.325
