Bill Text: OR SB1583 | 2012 | Regular Session | Introduced


Bill Title: Relating to jurisdiction of Land Use Board of Appeals; declaring an emergency.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [SB1583 Detail]

Download: Oregon-2012-SB1583-Introduced.html


     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 48

                        Senate Bill 1583

Sponsored by Senator FERRIOLI; Senators KRUSE, OLSEN,
  Representatives HICKS, KRIEGER (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires appellate review of quasi-judicial land use decisions
and limited land use decisions directly related to and made in
response to land use application to be conducted in single
proceeding in which Land Use Board of Appeals has joined all
appeals.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to jurisdiction of Land Use Board of Appeals; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2012 Act is added to and made
a part of ORS 197.830 to 197.845. + }
  SECTION 2.  { + (1) When a local government considers an
application, the approval or denial of which requires the local
government to make multiple quasi-judicial land use decisions or
limited land use decisions in relation to real property that is
the object of the application, the local government shall make
findings that identify each quasi-judicial land use decision or
limited land use decision that is related to and made in direct
response to the application.
  (2) A person seeking Land Use Board of Appeals review of a
quasi-judicial land use decision or a limited land use decision
described in subsection (1) of this section shall comply with all
provisions of ORS 197.830 to 197.855, including the requirement
to timely file a notice of intent to appeal pursuant to ORS
197.830.
  (3) Upon receipt of a notice of intent to appeal a decision
described in subsection (1) of this section, the board shall:
  (a) Toll the operation of timelines described in ORS 197.830,
except the timeline for other persons to file notices of intent
to appeal, until the local government grants final approval or
denial to the application;
  (b) Join in a single proceeding all separate appeals of the
related decisions made in direct response to the application;
  (c) Notify parties of the tolling of timelines as the parties
are joined in the proceeding; and
  (d) Review in a single proceeding all related quasi-judicial
land use decisions and limited land use decisions made in direct
response to the application.
  (4) When a local government has notice that a notice of intent
to appeal has been filed with respect to a quasi-judicial land
use decision or limited land use decision described in subsection
(1) of this section:
  (a) The local government shall notify the board and all parties
joined in the single review proceeding that the local government
has taken final action on the application; and
  (b) The board shall notify parties, as necessary, of
adjustments to due dates under the timelines based on the tolling
of timelines pursuant to this section. + }
  SECTION 3.  { + This 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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