Current through Register Vol. 63, No. 9, September 1, 2024
(1) Local governments requesting a time
extension must file IBTER applications with the department as follows:
(a) By December 31, 2020 for local
governments subject to ORS
197.758(3).
(b) By June 30, 2021 for local governments
subject to ORS
197.758(2).
(2) Completeness review. Upon
receipt of an IBTER application, the department will conduct a preliminary
completeness review within 30 calendar days of receipt and notify the local
government of any additional materials from section (3) that are required to
make a complete application. Within one week of receiving notification of an
incomplete application, the local government shall notify the department if it
will provide all, some, or none of the requested additional information. If no
additional information will be provided by the local government, the review
period specified in OAR 660-046-0360(2) will begin upon receipt of the
notification from the local government. If additional information is to be
provided, the review period specified in OAR 660-046-0360(2) will begin on the
date of receipt of the additional information. The local government must submit
all requested materials within 60 calendar days of receipt of a request for
additional materials. If the local government does not submit some or all of
the requested completeness materials within the 60-day period, the review
period specified in OAR 660-046-0360(2) will begin on the 61st day from the
notification of incompleteness, and the department will evaluate the
application based on the information that the local government has submitted by
the end of the 60-day period.
(3)
Required materials. A complete IBTER application from a local government shall
include the information described in subsections (a) through (g):
(a) A narrative, graphics, tabular data, and
other information as necessary to provide a general description of the
significant infrastructure deficiency, including:
(A) A description of the infrastructure and
the current system capacity. Relevant information from adopted utility master
plans, special area utility plans, capital improvement plans, or similar
documents and studies. Also, an identification of the service level that will
not be met, including identification of the adopted utility master plan or
other authority which establishes the service level.
(B) A description of the significant
infrastructure deficiency. The application shall clarify if capacity is
exceeded currently, or is anticipated by December 31, 2023, based on current
development trends; or if the infrastructure is only expected to exceed
capacity based on additional impacts from middle housing development pursuant
to OAR 660-046-0330(4).
(C) If the
local government finds significant infrastructure deficiency would be caused
only by additional middle housing development in the area and plans to continue
issuing permits for other types of development within the area, a detailed
analysis of how and why existing infrastructure can continue to meet the needs
of other types of development, but not middle housing.
(D) A description of assumptions used to
calculate or estimate system capacity. This includes analysis of current
impacts on the infrastructure system; impacts from additional development
anticipated to occur based on current zoning; and impacts anticipated from the
allowance for middle housing in the areas where it is not currently allowed, as
more fully described in OAR 660-046-0330(4).
(E) Documentation of the significant
infrastructure deficiency sufficient to allow the department to verify that the
deficiency exists, including (but not necessarily limited to) items such as;
maintenance and complaint records, photographs, modeling results (if
available), crash data, a deficiency documented in an adopted utility master
plan, or other evidence of deficiency.
(b) The name of the service provider if the
Infrastructure is owned or operated by another provider, along with a
description of any agreements between the local government and service provider
for infrastructure improvements.
(c) A vicinity map showing the boundary of
the impacted areas for which the IBTER is requested. If the local government
identifies more than one significant infrastructure deficiency (sewer and
transportation, for example), the map should show the boundary of each
deficiency separately and any areas of overlap.
(d) A regional map, if applicable, showing
the significant infrastructure deficiency that otherwise provides service to
the area where an IBTER is being requested.
(e) If the local government is subject to ORS
197.758(2),
a description of the local government's plan for middle housing implementation
in the impacted area, including identification of areas intended for
duplex-only provisions, and, as applicable, standards to be applied in
goal-protected and constrained areas, and areas intended to accommodate
triplexes, quadplexes, townhomes, and cottage cluster developments.
(f) A remediation plan that describes the
proposed infrastructure improvement(s) intended to remedy the significant
infrastructure deficiency so that the local government may implement middle
housing provisions. For each infrastructure improvement project, the
description should include, at a minimum:
(A)
The proposed period of time needed to address the significant infrastructure
deficiency, including phasing and contingencies, if applicable.
(B) A discussion of the options initially
considered for addressing the significant infrastructure deficiency, along with
an explanation of how the proposed approach is the most expeditiously feasible
approach available to address the deficiency.
(C) Explanation of how the improvement
project will provide acceptable service levels to anticipated middle
housing.
(D) Potential funding
source(s), including funding commitments from other governmental agencies or
private parties, and schedule for project completion.
(E) Depiction of the area that will be
remedied by the project.
(F)
Proposed timeline and associated mapping to demonstrate any phasing of the
remediation plan where there are several improvement projects
identified.
(G) A map of all other
areas within the local government where middle housing will be implemented
during the extension period.
(H) If
a local government proposes a bond measure or similar financial mechanism that
requires voter approval as a means to fund an infrastructure improvement
project, a local government may also propose a contingency plan for funding the
infrastructure improvement.
(g) A narrative detailing how the application
is in compliance with the Review Criteria in OAR 660-046-0360(5). In response
to criterion in OAR 660-046-0360(5)(d), the local government shall provide a
map of the local government's jurisdictional area, depicting US Census tract
scores based on the Oregon Housing and Community Services Department's Notice
of Funding Availability Scoring Criteria Map: (
https://geo.maps.arcgis.com/apps/webappviewer/index.html?id=2cb211dbdd3d4cf497d8190283f1402f).
The map identifies census tracts within communities that score low, medium, or
high in relation to access to opportunity. Those tracts identified as high
opportunity areas have a relatively low poverty rate, high labor market
engagement index, and a low unemployment rate. Low opportunity areas have a
relatively high poverty rate, low labor market engagement index, and a high
unemployment rate. The narrative addressing criterion in OAR 660-046-0360(5)(d)
must refer to the mapped areas in relation to the review criterion.
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
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