Or. Admin. Code § 345-015-0180 - Agency Memorandum on a Preliminary Application
(1) Until the Department determines the
application to be complete as described in OAR
345-015-0190 or
345-015-0310, it is a
preliminary application.
(2) The
Department must mail or email the memorandum described under (3) to the
reviewing agencies.
(3) In the
memorandum, the Department must:
(a) Request
comments or recommendations regarding the preliminary application on the
following:
(A) Whether the reviewing agency
needs any additional information from the applicant to review the application
under the statutes, administrative rules or ordinances administered by the
reviewing agency and describe such information; and
(B) The status of applications for permits,
if any, that the applicant has submitted to the reviewing agency and that are
necessary for the construction and operation of the proposed
facility.
(b) For any
special advisory group designated by the Department under OAR
345-015-0115, request that the
special advisory group recommend to the Council the applicable substantive
criteria and explain that, as required by ORS
469.504(5), if
the special advisory group does not recommend applicable substantive criteria
by the specified date, the Council may either determine and apply the
applicable substantive criteria or determine compliance with the statewide
planning goals under ORS
469.504(1)(b)(B) or
(C);
(c) Set a deadline for the response to
(3)(a)-(b).
(d) State that the
reviewing agency must comment in person or in writing on the record of the
public hearing described in OAR
345-015-0220 to preserve the
right to participate in the contested case proceeding as a party, limited party
or interested agency and the right to appeal the Council's final
decision;
(e) Explain that the
recipient's written comments, recommendations and reports are part of the
decision record for the application for a site certificate;
(4)
(a) If the applicant has elected to
demonstrate compliance with the Council's land use standard under ORS
469.504(1)(a),
each local government with land use jurisdiction over the proposed facility
must, in the comments or recommendations submitted to the Department under
section (3)(a), describe the status of the local land use proceedings and state
the date when the local government expects to issue a final land use
decision;
(b) If the applicant has
elected to obtain a Council determination of compliance with the Council's land
use standard under ORS
469.504(1)(b),
each local government with land use jurisdiction over the proposed facility
must, in the comments or recommendations submitted to the Department under
section (3)(a), include:
(A) A complete list
of applicable substantive criteria from the local government's acknowledged
comprehensive plan and land use regulations that are required by the statewide
planning goals and that are in effect on the date the application was
submitted. For the purpose of this rule, the application is submitted on the
date that the Department receives the preliminary application. "Applicable
substantive criteria" means the criteria and standards that the local
government would apply in making all land use decisions necessary to site the
proposed facility in the absence of a Council proceeding;
(B) A complete list of Land Conservation and
Development Commission administrative rules, statewide planning goals and land
use statutes directly applicable to the facility under ORS
197.646(3);
(C) Copies of the criteria listed in (A) and
any interpretations of ambiguous terms and matters arising from the local
government's land use regulations.
(c) The local government may submit its
recommendations, comments and interpretations as described in subsection (b) in
the form of a resolution adopted by the local governing body.
(6) The Department must, as soon
as practicable, send the applicant copies of all comments submitted under
section (3)(a) that identify a need for additional information.
Notes
Statutory/Other Authority: ORS 469.470
Statutes/Other Implemented: ORS 469.350 & ORS 469.504
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