Or. Admin. Code § 660-003-0005 - Definitions
For purposes of this rule, the definitions contained in ORS 197.015 apply. In addition, the following definitions apply:
(1)
"Acknowledgment of Compliance" is an order of the commission issued pursuant to
ORS 197.251(1) that
certifies that a comprehensive plan and land use regulation, land use
regulations or plan or regulation amendment complies with the goals.
(2) "Affected Agencies and Districts" are
state and federal agencies, special districts and other local governments
having programs affecting land use.
(3) "Comments" are opinions, beliefs, or
other information which a person, local coordinating body or local government
wants the commission to consider in reviewing an acknowledgment
request.
(4) "Objections" are
statements or positions by persons (including the local coordinating body,
affected agencies or districts) opposing the granting of an Acknowledgment of
Compliance.
(5) "Compliance
Schedule" is a listing of the tasks which a local government must complete in
order to bring its comprehensive plan, land use regulations and land use
decisions into initial compliance with the goals, including a generalized time
schedule showing when the tasks are estimated to be completed and when a
comprehensive plan or land use regulations which comply with the goals are
estimated to be adopted.
(6) "Urban
Planning Area" is a geographical area within an urban growth
boundary.
(7) "Continuance" is an
order of the commission issued pursuant to ORS
197.251(1) that
certifies that a comprehensive plan, land use regulations or both do not comply
with one or more goals and certifies that section(s) of the plan or regulation
or both comply with one or more of the goals. The order specifies amendments or
other action that the local government must complete within a specified time
period for acknowledgment to occur. The order is final for purposes of judicial
review of the comprehensive plan, land use regulation or both as to the goals
with which the plan, regulation or both the plan and regulation are in
compliance.
(8) "Denial" is an
order of the commission issued pursuant to ORS
197.251(1) that
certifies that a comprehensive plan, land use regulations or both do not comply
with one or more goals. The order specifies amendments or other actions that
the local government must complete for acknowledgment to occur. The order is
used when the amendments or other changes required in the comprehensive plan,
land use regulation or both affect many goals and are likely to take a
substantial period of time to complete.
(9) "Record of Proceedings Before the Local
Government", as used in ORS
197.251, means the materials
submitted to the director as part of an acknowledgment request in accordance
with OAR 660-003-0010(2)(a), (b) and
(c), supporting evidence and documents and
any official minutes or tapes of meetings leading to the adoption of a
comprehensive plan, land use regulations or amendments thereto. Supporting
evidence and documents listed, but not submitted with the acknowledgment
request as provided in OAR
660-003-0010(2)(b)
shall be considered part of the record of proceedings before the local
government and part of the record of proceedings before the local government
and part of the record before the commission. Notwithstanding the requirements
of OAR 660-003-0010(2)(b)
the director may require that such evidence or documents, or a copy, be
provided to the department for convenience or if required for judicial review.
This definition applies to all acknowledgment requests, corrections submitted
pursuant to a commission's continuance order and new acknowledgement requests
subsequent to a commission's denial order submitted to the director after the
effective date of this rule.
(10)
"Filing" or "Submitted" for purposes of these rules shall mean that the
required documents have been received by the department at its Salem, Oregon
office.
Notes
Stat. Auth.: ORS 197.040
Stats. Implemented: ORS 197.015 & 197.251
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