Or. Admin. Code § 660-004-0023 - Reasons Necessary to Justify an Exception for a Substantially Developed Subdivision to Receive Transferred Development Credits Under Goal 2, Part II(c)

Notwithstanding OAR 660-004-0022(2), an exception under Goal 2, Part II(c) may be taken to Goal 3 or Goal 4, or both, to designate a receiving area as provided in OAR chapter 660, division 29 to accommodate dwellings authorized by ORS 195.300 to 195.336 (Measure 49) in a substantially developed subdivision in a farm or forest zone.

(1) For the purposes of this rule, "substantially developed subdivision" has the meaning provided in OAR 660-029-0010.

(2) A county may find that the need for a receiving area that is satisfied by designating a substantially developed subdivision under OAR chapter 660, division 29 is a reason that the state policy embodied in Goal 3 or Goal 4, or both, should not apply to the substantially developed subdivision.

(3) Notwithstanding OAR 660-004-0020(2)(b)(B)(i)-(iv), a county may limit its consideration of areas that do not require a new exception under OAR 660-004-0020(2)(b) to areas that qualify as potential receiving areas under OAR 660-029-0080(1), (4) and (5).

(4) A county may limit its analysis of long-term environmental, economic, social and energy consequences under OAR 660-004-0020(2)(c) to substantially developed subdivisions under OAR 660-029-0080(2).

(5) A county may determine that a substantially developed subdivision that meets the requirements of OAR 660-029-0080 is compatible with other adjacent uses as required by OAR 660-004-0020(2)(d).

Notes

Or. Admin. Code § 660-004-0023

LCDD 3-2015, f. & cert. ef. 4/27/2015

Stat. Auth.: ORS 197.040

Stats. Implemented: ORS 195.300-195.336 & 197.732; 2007 Oregon Laws, chapter 424