Or. Admin. R. 731-017-0020 - Application Submittal Requirements

(1) An application submitted pursuant to section 0015 of this division shall be filed with the Region Manager or designee of the ODOT Region within which the economic development project would be located.

(2) Prior to filing an application with ODOT pursuant to this division, the local government shall seek input from the public and affected local governments and agencies regarding the proposed application. Informal coordination with ODOT is encouraged at the earliest point possible to streamline the application process.

(3) Prior to filing an application, a pre-application meeting shall be held between the local government, the applicant for the amendment and the ODOT Region Manager or designee to determine the nature of the application and identify the applicable submittal requirements and review criteria. ODOT shall notify and provide opportunity for representatives from Business Oregon and/or the Department of Land Conservation and Development to submit comments and attend the meeting.

(4) All applications shall:

(a) Be accompanied by any appropriate forms provided by ODOT;

(b) Indicate the nature of the application request;

(c) Provide a narrative that:

(A) Identifies the economic development project for which an amendment to a comprehensive plan or land use regulation is being proposed;

(B) Identifies the state highways that would be significantly affected by the proposed amendment, their functional classifications and traffic performance measures, and the extent of non-compliance with the traffic performance measures;

(C) Identifies the basis for the determination that improvements to state highways are not reasonably likely to be provided by the end of the planning period or that the funding or timing for mitigation measures are insufficient to avoid adverse impacts;

(D) Demonstrates the net long-term economic development benefits of the proposed economic development project, including:

(i) An estimate of the number of net new primary jobs the amendment is likely to create within the community and their associated average salary.

(ii) A statement of reasons why the proposal merits approval by the Commission under this division.

(E) Addresses how the application meets the specific criteria in sections 0025 through 0035 of this division, as appropriate, and the review criteria in section 0040 of this division.

(F) Explains why compliance with OAR 660-012-0060(1) cannot otherwise reasonably be accomplished through one or a combination of the measures in 660-012-0060(2), including the phasing of development over time, access management measures, or the use of trip caps.

(G) Addresses how the project will impact traffic safety along the state highway corridor.

(H) Addresses how the project will impact the movement of freight along an affected state highway that is a freight route.

(I) Identifies the public involvement and local government coordination opportunities that have been provided with respect to the application.

(d) Be accompanied by attachments that provide background information supporting the application and proposed amendment, such as a copy of the amendment application filed with the local government, a description of the proposed economic development project, a map showing the affected area and the location of affected state highways, any transportation analyses and studies submitted with the amendment application, a copy of any reasonably likely determination provided by ODOT, and other relevant information.

(5) Applications affecting lands within one-half mile of an interstate interchange area as defined in OAR 660-012-0060(4)(d)(C) also shall address how the application is consistent with the following:

(a) An adopted Interchange Area Management Plan, if one exists.

(b) The function of the interchange.

(c) ODOT access management requirements for the interchange.

(6) Within 14 days following receipt of an application, the Region Manager or designee shall notify a local government whether the application is complete. If notified that the application is incomplete, the local government may choose to provide the missing information or to present it as written. If presented as written, the extent of incompleteness shall be noted in the Director's report prepared pursuant to section 0040 of this division. Where incomplete information impedes the Director's review for compliance with criteria, the Director shall so note in the Director's report and may recommend denial of the application.

(7) A local government shall not have more than one application approved by the Commission pursuant to this division within a calendar year.

(8) Where a local government application filed pursuant to this division has been approved by the Commission within the previous three calendar years, the same local government shall not file any additional applications pursuant to this division for property located within the identified traffic impact area of the economic development project that was the subject of the previously approved application.

Notes

Or. Admin. R. 731-017-0020

DOT 3-2010, f. & cert. ef. 12-22-10

Stat. Auth.: ORS 184.616, 184.619 & 367.850

Stats. Implemented: ORS 367.850