Current through Register Vol. 63, No. 9, September 1, 2024
(1) Infrastructure,
as defined in OAR 660-046-0320(4) and as described in more detail in OAR
660-046-0340, is eligible as a basis for an IBTER application. An
infrastructure deficiency is not significant if it would be addressed with
infrastructure improvements required in conjunction with the development of a
single-family dwelling.
(2) If a
local government is currently unable to issue any new permits for residential
development due to a jurisdiction-wide significant infrastructure deficiency,
the local government must address that situation through the moratorium process
provided in ORS
197.505 through ORS
197.540.
The department will not approve IBTER applications that address this type of
situation.
(3) If a local
government intends to continue permitting new single family detached dwellings
or other development allowed by the current zoning within the area that has a
significant infrastructure deficiency while deferring middle housing
development within the area, the local government shall demonstrate that the
additional infrastructure demand created by middle housing development would
cause an unacceptable service level of the infrastructure, or shall provide
other valid justification for allowing other development in the subject area
while prohibiting middle housing development until the significant
infrastructure deficiency is addressed.
(4) For the purpose of estimating the
additional impacts of middle housing development on infrastructure, the local
government may assume the following increases in residential development that
would create additional impacts upon an area that is significantly
infrastructure deficient over the period ending December 31, 2023:
(a) The local government shall prepare the
baseline estimate for the number of dwelling units per acre produced within a
residential zoning district by following the process described in ORS
197.296(5)(a)(A).
A local government may add units produced by middle housing allowances, as
described in subsections (b) through (f) to estimate residential infrastructure
demand within a specified area. A local government may include additional
infrastructure demand from other existing uses within the service area, such as
higher density housing, schools, businesses, industrial uses, or other uses to
estimate a total infrastructure service demand within the area that has a
significant infrastructure deficiency.
(b) Infill and redevelopment areas may assume
a one percent increase in the number of dwelling units produced due to middle
housing allowances within the specified residential zone(s), above the baseline
estimate described in subsection (a) prior to adoption of middle housing
allowances. If some types of middle housing are currently allowed in a
residential zone, the local government must adjust the anticipated increase for
that area to an estimated fraction of one percent representing additional
housing production from the middle housing types that are not currently
allowed.
(c) Undeveloped and
underdeveloped areas may assume a three percent increase in the number of
dwelling units produced due to middle housing allowances within the specified
residential zone(s), above the baseline estimate described in subsection (a)
prior to adoption of middle housing allowances. If some types of middle housing
are currently allowed in a residential zone, the local government must adjust
the anticipated increase to an estimated fraction of three percent representing
additional housing production from the middle housing types that are not
currently allowed.
(d) The local
government may project an increase in anticipated middle housing residential
development above the thresholds identified in subsections (b) or (c) if it
provides quantifiable validation of such an increase. For local governments
located outside a metropolitan service district, the standards for
demonstration of a quantifiable validation are provided in subsection (e). For
local governments within a metropolitan service district, the standards for
demonstration of a quantifiable validation are provided in subsection
(f).
(e) A local government located
outside a metropolitan service district may provide a quantifiable validation
by demonstrating an actual increase in residential dwelling units produced
above the rates anticipated in subsections (b) and (c), within a zone that
allows densities that are no higher than those that would be allowed with
adopted middle housing provisions. The evidence may be derived from an existing
zone within the local government's jurisdiction, or from another local
government within 25 miles of the subject local government.
(f) A local government located inside a
metropolitan service district may provide a quantifiable validation by
demonstrating an actual increase in residential dwelling units produced above
the rates anticipated in subsections (b) and (c), within a zone that allows
densities that are no higher than those that would be allowed with adopted
middle housing provisions. The evidence may be derived from an existing zone
within the local government's jurisdiction, or from another local government
within the metropolitan service district.
Statutory/Other Authority: ORS
197.040 & OR Laws 2019, chapter 639, section 4(6)
Statutes/Other Implemented: ORS
197.758 & OR Laws 2019, chapter 639, sections 3 and 4
