Bill Text: OR SB750 | 2013 | Regular Session | Introduced

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Bill Title: Relating to conduct of quasi-judicial land use hearings.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB750 Detail]

Download: Oregon-2013-SB750-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3678

                         Senate Bill 750

Sponsored by Senator KNOPP

                             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 local government to take final action on application
for permit, limited land use decision or zone change within 60
days.
  Sunsets provisions on January 2, 2020, or 30 days after
Governor proclaims unemployment rate of State of Oregon is at or
below six percent.

                        A BILL FOR AN ACT
Relating to conduct of quasi-judicial land use hearings; creating
  new provisions; and amending ORS 215.427, 215.429, 215.433,
  215.435, 215.437, 227.178, 227.179, 227.181, 227.182 and
  227.184.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 215.427 is amended to read:
  215.427. (1) Except as provided in subsections (3), (5) and
(10) of this section, for land within an urban growth boundary
and applications for mineral aggregate extraction, the governing
body of a county or its designee shall take final action on an
application for a permit, limited land use decision or zone
change, including resolution of all appeals under ORS 215.422,
within   { - 120 - }   { + 48 + } days after the application is
deemed complete. The governing body of a county or its designee
shall take final action on all other applications for a permit,
limited land use decision or zone change, including resolution of
all appeals under ORS 215.422, within   { - 150 - }   { + 60 + }
days after the application is deemed complete, except as provided
in subsections (3), (5) and (10) of this section.
  (2) If an application for a permit, limited land use decision
or zone change is incomplete, the governing body or its designee
shall notify the applicant in writing of exactly what information
is missing within   { - 30 - }   { + 12 + } days of receipt of
the application and allow the applicant to submit the missing
information. The application shall be deemed complete for the
purpose of subsection (1) of this section upon receipt by the
governing body or its designee of:
  (a) All of the missing information;
  (b) Some of the missing information and written notice from the
applicant that no other information will be provided; or
  (c) Written notice from the applicant that none of the missing
information will be provided.

  (3)(a) If the application was complete when first submitted or
the applicant submits additional information, as described in
subsection (2) of this section, within 180 days of the date the
application was first submitted and the county has a
comprehensive plan and land use regulations acknowledged under
ORS 197.251, approval or denial of the application shall be based
upon the standards and criteria that were applicable at the time
the application was first submitted.
  (b) If the application is for industrial or traded sector
development of a site identified under section 12, chapter 800,
Oregon Laws 2003, and proposes an amendment to the comprehensive
plan, approval or denial of the application must be based upon
the standards and criteria that were applicable at the time the
application was first submitted, provided the application
complies with paragraph (a) of this subsection.
  (4) On the 181st day after first being submitted, the
application is void if the applicant has been notified of the
missing information as required under subsection (2) of this
section and has not submitted:
  (a) All of the missing information;
  (b) Some of the missing information and written notice that no
other information will be provided; or
  (c) Written notice that none of the missing information will be
provided.
  (5) The period set in subsection (1) of this section may be
extended for a specified period of time at the written request of
the applicant. The total of all extensions, except as provided in
subsection (10) of this section for mediation, may not exceed 215
days.
  (6) The period set in subsection (1) of this section applies:
  (a) Only to decisions wholly within the authority and control
of the governing body of the county; and
  (b) Unless the parties have agreed to mediation as described in
subsection (10) of this section or ORS 197.319 (2)(b).
  (7) Notwithstanding subsection (6) of this section, the period
set in subsection (1) of this section does not apply to a
decision of the county making a change to an acknowledged
comprehensive plan or a land use regulation that is submitted to
the Director of the Department of Land Conservation and
Development under ORS 197.610.
  (8) Except when an applicant requests an extension under
subsection (5) of this section, if the governing body of the
county or its designee does not take final action on an
application for a permit, limited land use decision or zone
change within   { - 120 - }   { + 48 + } days or   { - 150 - }
 { + 60 + } days, as applicable, after the application is deemed
complete, the county shall refund to the applicant either the
unexpended portion of any application fees or deposits previously
paid or 50 percent of the total amount of such fees or deposits,
whichever is greater. The applicant is not liable for additional
governmental fees incurred subsequent to the payment of such fees
or deposits. However, the applicant is responsible for the costs
of providing sufficient additional information to address
relevant issues identified in the consideration of the
application.
  (9) A county may not compel an applicant to waive the period
set in subsection (1) of this section or to waive the provisions
of subsection (8) of this section or ORS 215.429 as a condition
for taking any action on an application for a permit, limited
land use decision or zone change except when such applications
are filed concurrently and considered jointly with a plan
amendment.
  (10) The periods set forth in subsection (1) of this section
and the period set forth in subsection (5) of this section may be
extended by up to 90 additional days, if the applicant and the

county agree that a dispute concerning the application will be
mediated.
  SECTION 2. ORS 215.429 is amended to read:
  215.429. (1) Except when an applicant requests an extension
under ORS 215.427, if the governing body of the county or its
designee does not take final action on an application for a
permit, limited land use decision or zone change within
 { - 120 - }   { + 48 + } days or   { - 150 - }   { + 60 + }
days, as appropriate, after the application is deemed complete,
the applicant may file a petition for a writ of mandamus under
ORS 34.130 in the circuit court of the county where the
application was submitted to compel the governing body or its
designee to issue the approval.
  (2) The governing body shall retain jurisdiction to make a land
use decision on the application until a petition for a writ of
mandamus is filed. Upon filing a petition under ORS 34.130,
jurisdiction for all decisions regarding the application,
including settlement, shall be with the circuit court.
  (3) A person who files a petition for a writ of mandamus under
this section shall provide written notice of the filing to all
persons who would be entitled to notice under ORS 197.763 and to
any person who participated orally or in writing in any
evidentiary hearing on the application held prior to the filing
of the petition. The notice shall be mailed or hand delivered on
the same day the petition is filed.
  (4) If the governing body does not take final action on an
application within   { - 120 - }   { + 48 + } days or
 { - 150 - }   { + 60 + } days, as appropriate, of the date the
application is deemed complete, the applicant may elect to
proceed with the application according to the applicable
provisions of the county comprehensive plan and land use
regulations or to file a petition for a writ of mandamus under
this section. If the applicant elects to proceed according to the
local plan and regulations, the applicant may not file a petition
for a writ of mandamus within 14 days after the governing body
makes a preliminary decision, provided a final written decision
is issued within 14 days of the preliminary decision.
  (5) The court shall issue a peremptory writ unless the
governing body or any intervenor shows that the approval would
violate a substantive provision of the county comprehensive plan
or land use regulations as those terms are defined in ORS
197.015.  The writ may specify conditions of approval that would
otherwise be allowed by the county comprehensive plan or land use
regulations.
  SECTION 3. ORS 215.433 is amended to read:
  215.433. (1) A person whose application for a permit is denied
by the governing body of a county or its designee under ORS
215.427 may submit to the county a supplemental application for
any or all other uses allowed under the county's comprehensive
plan and land use regulations in the zone that was the subject of
the denied application.
  (2) The governing body of a county or its designee shall take
final action on a supplemental application submitted under this
section, including resolution of all appeals, within
 { - 240 - }   { + 96 + } days after the application is deemed
complete. Except that   { - 240 - }   { + 96 + } days shall
substitute for   { - 120 - }   { + 48 + } days or   { - 150 - }
 { + 60 + } days, as appropriate, all other applicable provisions
of ORS 215.427 shall apply to a supplemental application
submitted under this section.
  (3) A supplemental application submitted under this section
shall include a request for any rezoning or zoning variance that
may be required to issue a permit under the county's
comprehensive plan and land use regulations.

  (4) The governing body of the county or its designee shall
adopt specific findings describing the reasons for approving or
denying:
  (a) A use for which approval is sought under this section; and
  (b) A rezoning or variance requested in the application.
  SECTION 4. ORS 215.435 is amended to read:
  215.435. (1) Pursuant to a final order of the Land Use Board of
Appeals under ORS 197.830 remanding a decision to a county, the
governing body of the county or its designee shall take final
action on an application for a permit, limited land use decision
or zone change within   { - 90 - }   { + 36 + } days of the
effective date of the final order issued by the board. For
purposes of this subsection, the effective date of the final
order is the last day for filing a petition for judicial review
of a final order of the board under ORS 197.850 (3). If judicial
review of a final order of the board is sought under ORS 197.830,
the   { - 90-day - }   { + 36-day + } period established under
this subsection shall not begin until final resolution of the
judicial review.
  (2)(a) In addition to the requirements of subsection (1) of
this section, the   { - 90-day - }   { + 36-day + } period
established under subsection (1) of this section shall not begin
until the applicant requests in writing that the county proceed
with the application on remand.
  (b) The   { - 90-day - }   { + 36-day + } period may be
extended for a reasonable period of time at the request of the
applicant.
  (3) The   { - 90-day - }   { + 36-day + } period established
under subsection (1) of this section applies only to decisions
wholly within the authority and control of the governing body of
the county.
  (4) Subsection (1) of this section does not apply to a remand
proceeding concerning a decision of the county making a change to
an acknowledged comprehensive plan or a land use regulation that
is submitted to the Director of the Department of Land
Conservation and Development under ORS 197.610.
  SECTION 5. ORS 215.437 is amended to read:
  215.437. (1) If the governing body of a county or its designee
fails to take final action on an application for a permit,
limited land use decision or zone change within   { - 90 - }
 { + 36 + } days as provided in ORS 215.435, the applicant may
file a petition for a writ of mandamus as provided in ORS 34.105
to 34.240. The court shall set the matter for trial as soon as
practicable but not more than 15 days from the date a responsive
pleading pursuant to ORS 34.170 is filed, unless the court has
been advised by the parties that the matter has been settled.
  (2) A writ of mandamus issued under this section shall order
the governing body of the county or its designee to make a final
determination on the application. The court, in its discretion,
may order such remedy as the court determines appropriate.
  (3) In a mandamus proceeding under this section the court shall
award court costs and attorney fees to an applicant who prevails
on a petition under this section.
  SECTION 6. ORS 227.178 is amended to read:
  227.178. (1) Except as provided in subsections (3), (5) and
(11) of this section, the governing body of a city or its
designee shall take final action on an application for a permit,
limited land use decision or zone change, including resolution of
all appeals under ORS 227.180, within   { - 120 - }   { + 48 + }
days after the application is deemed complete.
  (2) If an application for a permit, limited land use decision
or zone change is incomplete, the governing body or its designee
shall notify the applicant in writing of exactly what information
is missing within   { - 30 - }   { + 12 + } days of receipt of
the application and allow the applicant to submit the missing
information. The application shall be deemed complete for the
purpose of subsection (1) of this section upon receipt by the
governing body or its designee of:
  (a) All of the missing information;
  (b) Some of the missing information and written notice from the
applicant that no other information will be provided; or
  (c) Written notice from the applicant that none of the missing
information will be provided.
  (3)(a) If the application was complete when first submitted or
the applicant submits the requested additional information within
180 days of the date the application was first submitted and the
city has a comprehensive plan and land use regulations
acknowledged under ORS 197.251, approval or denial of the
application shall be based upon the standards and criteria that
were applicable at the time the application was first submitted.
  (b) If the application is for industrial or traded sector
development of a site identified under section 12, chapter 800,
Oregon Laws 2003, and proposes an amendment to the comprehensive
plan, approval or denial of the application must be based upon
the standards and criteria that were applicable at the time the
application was first submitted, provided the application
complies with paragraph (a) of this subsection.
  (4) On the 181st day after first being submitted, the
application is void if the applicant has been notified of the
missing information as required under subsection (2) of this
section and has not submitted:
  (a) All of the missing information;
  (b) Some of the missing information and written notice that no
other information will be provided; or
  (c) Written notice that none of the missing information will be
provided.
  (5) The   { - 120-day - }   { + 48-day + } period set in
subsection (1) of this section may be extended for a specified
period of time at the written request of the applicant. The total
of all extensions, except as provided in subsection (11) of this
section for mediation, may not exceed 245 days.
  (6) The   { - 120-day - }   { + 48-day + } period set in
subsection (1) of this section applies:
  (a) Only to decisions wholly within the authority and control
of the governing body of the city; and
  (b) Unless the parties have agreed to mediation as described in
subsection (11) of this section or ORS 197.319 (2)(b).
  (7) Notwithstanding subsection (6) of this section, the 120-day
period set in subsection (1) of this section does not apply to a
decision of the city making a change to an acknowledged
comprehensive plan or a land use regulation that is submitted to
the Director of the Department of Land Conservation and
Development under ORS 197.610.
  (8) Except when an applicant requests an extension under
subsection (5) of this section, if the governing body of the city
or its designee does not take final action on an application for
a permit, limited land use decision or zone change within
 { - 120 days - }  { +  48 days + } after the application is
deemed complete, the city shall refund to the applicant, subject
to the provisions of subsection (9) of this section, either the
unexpended portion of any application fees or deposits previously
paid or 50 percent of the total amount of such fees or deposits,
whichever is greater. The applicant is not liable for additional
governmental fees incurred subsequent to the payment of such fees
or deposits. However, the applicant is responsible for the costs
of providing sufficient additional information to address
relevant issues identified in the consideration of the
application.
  (9)(a) To obtain a refund under subsection (8) of this section,
the applicant may either:
  (A) Submit a written request for payment, either by mail or in
person, to the city or its designee; or
  (B) Include the amount claimed in a mandamus petition filed
under ORS 227.179. The court shall award an amount owed under
this section in its final order on the petition.
  (b) Within seven calendar days of receiving a request for a
refund, the city or its designee shall determine the amount of
any refund owed. Payment, or notice that no payment is due, shall
be made to the applicant within 30 calendar days of receiving the
request. Any amount due and not paid within 30 calendar days of
receipt of the request shall be subject to interest charges at
the rate of one percent per month, or a portion thereof.
  (c) If payment due under paragraph (b) of this subsection is
not paid within 120 days after the city or its designee receives
the refund request, the applicant may file an action for recovery
of the unpaid refund. In an action brought by a person under this
paragraph, the court shall award to a prevailing applicant, in
addition to the relief provided in this section, reasonable
attorney fees and costs at trial and on appeal. If the city or
its designee prevails, the court shall award reasonable attorney
fees and costs at trial and on appeal if the court finds the
petition to be frivolous.
  (10) A city may not compel an applicant to waive the
  { - 120-day - }   { + 48-day + } period set in subsection (1)
of this section or to waive the provisions of subsection (8) of
this section or ORS 227.179 as a condition for taking any action
on an application for a permit, limited land use decision or zone
change except when such applications are filed concurrently and
considered jointly with a plan amendment.
  (11) The period set forth in subsection (1) of this section and
the period set forth in subsection (5) of this section may be
extended by up to 90 additional days, if the applicant and the
city agree that a dispute concerning the application will be
mediated.
  SECTION 7. ORS 227.179 is amended to read:
  227.179. (1) Except when an applicant requests an extension
under ORS 227.178 (5), if the governing body of a city or its
designee does not take final action on an application for a
permit, limited land use decision or zone change within
 { - 120 - }   { + 48 + } days after the application is deemed
complete, the applicant may file a petition for a writ of
mandamus under ORS 34.130 in the circuit court of the county
where the application was submitted to compel the governing body
or its designee to issue the approval.
  (2) The governing body shall retain jurisdiction to make a land
use decision on the application until a petition for a writ of
mandamus is filed. Upon filing a petition under ORS 34.130,
jurisdiction for all decisions regarding the application,
including settlement, shall be with the circuit court.
  (3) A person who files a petition for a writ of mandamus under
this section shall provide written notice of the filing to all
persons who would be entitled to notice under ORS 197.763 and to
any person who participated orally or in writing in any
evidentiary hearing on the application held prior to the filing
of the petition. The notice shall be mailed or hand delivered on
the same day the petition is filed.
  (4) If the governing body does not take final action on an
application within   { - 120 - }   { + 48 + } days of the date
the application is deemed complete, the applicant may elect to
proceed with the application according to the applicable
provisions of the local comprehensive plan and land use
regulations or to file a petition for a writ of mandamus under
this section. If the applicant elects to proceed according to the
local plan and regulations, the applicant may not file a petition
for a writ of mandamus within 14 days after the governing body
makes a preliminary decision, provided a final written decision
is issued within 14 days of the preliminary decision.

  (5) The court shall issue a peremptory writ unless the
governing body or any intervenor shows that the approval would
violate a substantive provision of the local comprehensive plan
or land use regulations as those terms are defined in ORS
197.015.  The writ may specify conditions of approval that would
otherwise be allowed by the local comprehensive plan or land use
regulations.
  SECTION 8. ORS 227.181 is amended to read:
  227.181. (1) Pursuant to a final order of the Land Use Board of
Appeals under ORS 197.830 remanding a decision to a city, the
governing body of the city or its designee shall take final
action on an application for a permit, limited land use decision
or zone change within   { - 90 - }   { + 36 + } days of the
effective date of the final order issued by the board. For
purposes of this subsection, the effective date of the final
order is the last day for filing a petition for judicial review
of a final order of the board under ORS 197.850 (3). If judicial
review of a final order of the board is sought under ORS 197.830,
the   { - 90-day - }   { + 36-day + } period established under
this subsection shall not begin until final resolution of the
judicial review.
  (2)(a) In addition to the requirements of subsection (1) of
this section, the   { - 90-day - }   { + 36-day + } period
established under subsection (1) of this section shall not begin
until the applicant requests in writing that the city proceed
with the application on remand.
  (b) The   { - 90-day - }   { + 36-day + } period may be
extended for a reasonable period of time at the request of the
applicant.
  (3) The   { - 90-day - }   { + 36-day + } period established
under subsection (1) of this section applies only to decisions
wholly within the authority and control of the governing body of
the city.
  (4) Subsection (1) of this section does not apply to a remand
proceeding concerning a decision of the city making a change to
an acknowledged comprehensive plan or a land use regulation that
is submitted to the Director of the Department of Land
Conservation and Development under ORS 197.610.
  SECTION 9. ORS 227.182 is amended to read:
  227.182. (1) If the governing body of a city or its designee
fails to take final action on an application for a permit,
limited land use decision or zone change within   { - 90 - }
 { + 36 + } days as provided in ORS 227.181, the applicant may
file a petition for a writ of mandamus as provided in ORS 34.105
to 34.240. The court shall set the matter for trial as soon as
practicable but not more than 15 days from the date a responsive
pleading pursuant to ORS 34.170 is filed, unless the court has
been advised by the parties that the matter has been settled.
  (2) A writ of mandamus issued under this section shall order
the governing body of the city or its designee to make a final
determination on the application. The court, in its discretion,
may order such remedy as the court determines appropriate.
  (3) In a mandamus proceeding under this section the court shall
award court costs and attorney fees to an applicant who prevails
on a petition under this section.
  SECTION 10. ORS 227.184 is amended to read:
  227.184. (1) A person whose application for a permit is denied
by the governing body of a city or its designee under ORS 227.178
may submit to the city a supplemental application for any or all
other uses allowed under the city's comprehensive plan and land
use regulations in the zone that was the subject of the denied
application.
  (2) The governing body of a city or its designee shall take
final action on a supplemental application submitted under this
section, including resolution of all appeals, within
 { - 240 - }   { + 96 + } days after the application is deemed
complete. Except that   { - 240 - }   { + 96 + } days shall
substitute for   { - 120 - }   { + 48 + } days, all other
applicable provisions of ORS 227.178 shall apply to a
supplemental application submitted under this section.
  (3) A supplemental application submitted under this section
shall include a request for any rezoning or zoning variance that
may be required to issue a permit under the city's comprehensive
plan and land use regulations.
  (4) The governing body of a city or its designee shall adopt
specific findings describing the reasons for approving or
denying:
  (a) A use for which approval is sought under this section; and
  (b) A rezoning or variance requested in the application.
  SECTION 11. ORS 215.427, as amended by section 1 of this 2013
Act, is amended to read:
  215.427. (1) Except as provided in subsections (3), (5) and
(10) of this section, for land within an urban growth boundary
and applications for mineral aggregate extraction, the governing
body of a county or its designee shall take final action on an
application for a permit, limited land use decision or zone
change, including resolution of all appeals under ORS 215.422,
within   { - 48 - }   { + 120 + } days after the application is
deemed complete. The governing body of a county or its designee
shall take final action on all other applications for a permit,
limited land use decision or zone change, including resolution of
all appeals under ORS 215.422, within   { - 60 - }   { + 150 + }
days after the application is deemed complete, except as provided
in subsections (3), (5) and (10) of this section.
  (2) If an application for a permit, limited land use decision
or zone change is incomplete, the governing body or its designee
shall notify the applicant in writing of exactly what information
is missing within   { - 12 - }   { + 30 + } days of receipt of
the application and allow the applicant to submit the missing
information. The application shall be deemed complete for the
purpose of subsection (1) of this section upon receipt by the
governing body or its designee of:
  (a) All of the missing information;
  (b) Some of the missing information and written notice from the
applicant that no other information will be provided; or
  (c) Written notice from the applicant that none of the missing
information will be provided.
  (3)(a) If the application was complete when first submitted or
the applicant submits additional information, as described in
subsection (2) of this section, within 180 days of the date the
application was first submitted and the county has a
comprehensive plan and land use regulations acknowledged under
ORS 197.251, approval or denial of the application shall be based
upon the standards and criteria that were applicable at the time
the application was first submitted.
  (b) If the application is for industrial or traded sector
development of a site identified under section 12, chapter 800,
Oregon Laws 2003, and proposes an amendment to the comprehensive
plan, approval or denial of the application must be based upon
the standards and criteria that were applicable at the time the
application was first submitted, provided the application
complies with paragraph (a) of this subsection.
  (4) On the 181st day after first being submitted, the
application is void if the applicant has been notified of the
missing information as required under subsection (2) of this
section and has not submitted:
  (a) All of the missing information;
  (b) Some of the missing information and written notice that no
other information will be provided; or
  (c) Written notice that none of the missing information will be
provided.

  (5) The period set in subsection (1) of this section may be
extended for a specified period of time at the written request of
the applicant. The total of all extensions, except as provided in
subsection (10) of this section for mediation, may not exceed 215
days.
  (6) The period set in subsection (1) of this section applies:
  (a) Only to decisions wholly within the authority and control
of the governing body of the county; and
  (b) Unless the parties have agreed to mediation as described in
subsection (10) of this section or ORS 197.319 (2)(b).
  (7) Notwithstanding subsection (6) of this section, the period
set in subsection (1) of this section does not apply to a
decision of the county making a change to an acknowledged
comprehensive plan or a land use regulation that is submitted to
the Director of the Department of Land Conservation and
Development under ORS 197.610.
  (8) Except when an applicant requests an extension under
subsection (5) of this section, if the governing body of the
county or its designee does not take final action on an
application for a permit, limited land use decision or zone
change within   { - 48 - }   { + 120 + } days or   { - 60 - }
 { + 150 + } days, as applicable, after the application is deemed
complete, the county shall refund to the applicant either the
unexpended portion of any application fees or deposits previously
paid or 50 percent of the total amount of such fees or deposits,
whichever is greater. The applicant is not liable for additional
governmental fees incurred subsequent to the payment of such fees
or deposits. However, the applicant is responsible for the costs
of providing sufficient additional information to address
relevant issues identified in the consideration of the
application.
  (9) A county may not compel an applicant to waive the period
set in subsection (1) of this section or to waive the provisions
of subsection (8) of this section or ORS 215.429 as a condition
for taking any action on an application for a permit, limited
land use decision or zone change except when such applications
are filed concurrently and considered jointly with a plan
amendment.
  (10) The periods set forth in subsection (1) of this section
and the period set forth in subsection (5) of this section may be
extended by up to 90 additional days, if the applicant and the
county agree that a dispute concerning the application will be
mediated.
  SECTION 12. ORS 215.429, as amended by section 2 of this 2013
Act, is amended to read:
  215.429. (1) Except when an applicant requests an extension
under ORS 215.427, if the governing body of the county or its
designee does not take final action on an application for a
permit, limited land use decision or zone change within
 { - 48 - }   { + 120 + } days or   { - 60 - }   { + 150 + }
days, as appropriate, after the application is deemed complete,
the applicant may file a petition for a writ of mandamus under
ORS 34.130 in the circuit court of the county where the
application was submitted to compel the governing body or its
designee to issue the approval.
  (2) The governing body shall retain jurisdiction to make a land
use decision on the application until a petition for a writ of
mandamus is filed. Upon filing a petition under ORS 34.130,
jurisdiction for all decisions regarding the application,
including settlement, shall be with the circuit court.
  (3) A person who files a petition for a writ of mandamus under
this section shall provide written notice of the filing to all
persons who would be entitled to notice under ORS 197.763 and to
any person who participated orally or in writing in any
evidentiary hearing on the application held prior to the filing

of the petition. The notice shall be mailed or hand delivered on
the same day the petition is filed.
  (4) If the governing body does not take final action on an
application within   { - 48 - }   { + 120 + } days or
 { - 60 - }   { + 150 + } days, as appropriate, of the date the
application is deemed complete, the applicant may elect to
proceed with the application according to the applicable
provisions of the county comprehensive plan and land use
regulations or to file a petition for a writ of mandamus under
this section. If the applicant elects to proceed according to the
local plan and regulations, the applicant may not file a petition
for a writ of mandamus within 14 days after the governing body
makes a preliminary decision, provided a final written decision
is issued within 14 days of the preliminary decision.
  (5) The court shall issue a peremptory writ unless the
governing body or any intervenor shows that the approval would
violate a substantive provision of the county comprehensive plan
or land use regulations as those terms are defined in ORS
197.015.  The writ may specify conditions of approval that would
otherwise be allowed by the county comprehensive plan or land use
regulations.
  SECTION 13. ORS 215.433, as amended by section 3 of this 2013
Act, is amended to read:
  215.433. (1) A person whose application for a permit is denied
by the governing body of a county or its designee under ORS
215.427 may submit to the county a supplemental application for
any or all other uses allowed under the county's comprehensive
plan and land use regulations in the zone that was the subject of
the denied application.
  (2) The governing body of a county or its designee shall take
final action on a supplemental application submitted under this
section, including resolution of all appeals, within   { - 96 - }
 { + 240 + } days after the application is deemed complete.
Except that   { - 96 - }   { + 240 + } days shall substitute for
 { - 48 - }   { + 120 + } days or   { - 60 - }   { + 150 + }
days, as appropriate, all other applicable provisions of ORS
215.427 shall apply to a supplemental application submitted under
this section.
  (3) A supplemental application submitted under this section
shall include a request for any rezoning or zoning variance that
may be required to issue a permit under the county's
comprehensive plan and land use regulations.
  (4) The governing body of the county or its designee shall
adopt specific findings describing the reasons for approving or
denying:
  (a) A use for which approval is sought under this section; and
  (b) A rezoning or variance requested in the application.
  SECTION 14. ORS 215.435, as amended by section 4 of this 2013
Act, is amended to read:
  215.435. (1) Pursuant to a final order of the Land Use Board of
Appeals under ORS 197.830 remanding a decision to a county, the
governing body of the county or its designee shall take final
action on an application for a permit, limited land use decision
or zone change within   { - 36 - }   { + 90 + } days of the
effective date of the final order issued by the board. For
purposes of this subsection, the effective date of the final
order is the last day for filing a petition for judicial review
of a final order of the board under ORS 197.850 (3). If judicial
review of a final order of the board is sought under ORS 197.830,
the   { - 36-day - }   { + 90-day + } period established under
this subsection shall not begin until final resolution of the
judicial review.
  (2)(a) In addition to the requirements of subsection (1) of
this section, the   { - 36-day - }   { + 90-day + } period
established under subsection (1) of this section shall not begin

until the applicant requests in writing that the county proceed
with the application on remand.
  (b) The   { - 36-day - }   { + 90-day + } period may be
extended for a reasonable period of time at the request of the
applicant.
  (3) The   { - 36-day - }   { + 90-day + } period established
under subsection (1) of this section applies only to decisions
wholly within the authority and control of the governing body of
the county.
  (4) Subsection (1) of this section does not apply to a remand
proceeding concerning a decision of the county making a change to
an acknowledged comprehensive plan or a land use regulation that
is submitted to the Director of the Department of Land
Conservation and Development under ORS 197.610.
  SECTION 15. ORS 215.437, as amended by section 5 of this 2013
Act, is amended to read:
  215.437. (1) If the governing body of a county or its designee
fails to take final action on an application for a permit,
limited land use decision or zone change within   { - 36 - }
 { + 90 + } days as provided in ORS 215.435, the applicant may
file a petition for a writ of mandamus as provided in ORS 34.105
to 34.240. The court shall set the matter for trial as soon as
practicable but not more than 15 days from the date a responsive
pleading pursuant to ORS 34.170 is filed, unless the court has
been advised by the parties that the matter has been settled.
  (2) A writ of mandamus issued under this section shall order
the governing body of the county or its designee to make a final
determination on the application. The court, in its discretion,
may order such remedy as the court determines appropriate.
  (3) In a mandamus proceeding under this section the court shall
award court costs and attorney fees to an applicant who prevails
on a petition under this section.
  SECTION 16. ORS 227.178, as amended by section 6 of this 2013
Act, is amended to read:
  227.178. (1) Except as provided in subsections (3), (5) and
(11) of this section, the governing body of a city or its
designee shall take final action on an application for a permit,
limited land use decision or zone change, including resolution of
all appeals under ORS 227.180, within   { - 48 - }   { + 120 + }
days after the application is deemed complete.
  (2) If an application for a permit, limited land use decision
or zone change is incomplete, the governing body or its designee
shall notify the applicant in writing of exactly what information
is missing within   { - 12 - }   { + 30 + } days of receipt of
the application and allow the applicant to submit the missing
information. The application shall be deemed complete for the
purpose of subsection (1) of this section upon receipt by the
governing body or its designee of:
  (a) All of the missing information;
  (b) Some of the missing information and written notice from the
applicant that no other information will be provided; or
  (c) Written notice from the applicant that none of the missing
information will be provided.
  (3)(a) If the application was complete when first submitted or
the applicant submits the requested additional information within
180 days of the date the application was first submitted and the
city has a comprehensive plan and land use regulations
acknowledged under ORS 197.251, approval or denial of the
application shall be based upon the standards and criteria that
were applicable at the time the application was first submitted.
  (b) If the application is for industrial or traded sector
development of a site identified under section 12, chapter 800,
Oregon Laws 2003, and proposes an amendment to the comprehensive
plan, approval or denial of the application must be based upon
the standards and criteria that were applicable at the time the

application was first submitted, provided the application
complies with paragraph (a) of this subsection.
  (4) On the 181st day after first being submitted, the
application is void if the applicant has been notified of the
missing information as required under subsection (2) of this
section and has not submitted:
  (a) All of the missing information;
  (b) Some of the missing information and written notice that no
other information will be provided; or
  (c) Written notice that none of the missing information will be
provided.
  (5) The   { - 48-day - }   { + 120-day + } period set in
subsection (1) of this section may be extended for a specified
period of time at the written request of the applicant. The total
of all extensions, except as provided in subsection (11) of this
section for mediation, may not exceed 245 days.
  (6) The   { - 48-day - }   { + 120-day + } period set in
subsection (1) of this section applies:
  (a) Only to decisions wholly within the authority and control
of the governing body of the city; and
  (b) Unless the parties have agreed to mediation as described in
subsection (11) of this section or ORS 197.319 (2)(b).
  (7) Notwithstanding subsection (6) of this section, the 120-day
period set in subsection (1) of this section does not apply to a
decision of the city making a change to an acknowledged
comprehensive plan or a land use regulation that is submitted to
the Director of the Department of Land Conservation and
Development under ORS 197.610.
  (8) Except when an applicant requests an extension under
subsection (5) of this section, if the governing body of the city
or its designee does not take final action on an application for
a permit, limited land use decision or zone change within
 { - 48 days - }  { +  120 days + } after the application is
deemed complete, the city shall refund to the applicant, subject
to the provisions of subsection (9) of this section, either the
unexpended portion of any application fees or deposits previously
paid or 50 percent of the total amount of such fees or deposits,
whichever is greater. The applicant is not liable for additional
governmental fees incurred subsequent to the payment of such fees
or deposits. However, the applicant is responsible for the costs
of providing sufficient additional information to address
relevant issues identified in the consideration of the
application.
  (9)(a) To obtain a refund under subsection (8) of this section,
the applicant may either:
  (A) Submit a written request for payment, either by mail or in
person, to the city or its designee; or
  (B) Include the amount claimed in a mandamus petition filed
under ORS 227.179. The court shall award an amount owed under
this section in its final order on the petition.
  (b) Within seven calendar days of receiving a request for a
refund, the city or its designee shall determine the amount of
any refund owed. Payment, or notice that no payment is due, shall
be made to the applicant within 30 calendar days of receiving the
request. Any amount due and not paid within 30 calendar days of
receipt of the request shall be subject to interest charges at
the rate of one percent per month, or a portion thereof.
  (c) If payment due under paragraph (b) of this subsection is
not paid within 120 days after the city or its designee receives
the refund request, the applicant may file an action for recovery
of the unpaid refund. In an action brought by a person under this
paragraph, the court shall award to a prevailing applicant, in
addition to the relief provided in this section, reasonable
attorney fees and costs at trial and on appeal. If the city or
its designee prevails, the court shall award reasonable attorney

fees and costs at trial and on appeal if the court finds the
petition to be frivolous.
  (10) A city may not compel an applicant to waive the
 { - 48-day - }  { + 120-day + } period set in subsection (1) of
this section or to waive the provisions of subsection (8) of this
section or ORS 227.179 as a condition for taking any action on an
application for a permit, limited land use decision or zone
change except when such applications are filed concurrently and
considered jointly with a plan amendment.
  (11) The period set forth in subsection (1) of this section and
the period set forth in subsection (5) of this section may be
extended by up to 90 additional days, if the applicant and the
city agree that a dispute concerning the application will be
mediated.
  SECTION 17. ORS 227.179, as amended by section 7 of this 2013
Act, is amended to read:
  227.179. (1) Except when an applicant requests an extension
under ORS 227.178 (5), if the governing body of a city or its
designee does not take final action on an application for a
permit, limited land use decision or zone change within
 { - 48 - }   { + 120 + } days after the application is deemed
complete, the applicant may file a petition for a writ of
mandamus under ORS 34.130 in the circuit court of the county
where the application was submitted to compel the governing body
or its designee to issue the approval.
  (2) The governing body shall retain jurisdiction to make a land
use decision on the application until a petition for a writ of
mandamus is filed. Upon filing a petition under ORS 34.130,
jurisdiction for all decisions regarding the application,
including settlement, shall be with the circuit court.
  (3) A person who files a petition for a writ of mandamus under
this section shall provide written notice of the filing to all
persons who would be entitled to notice under ORS 197.763 and to
any person who participated orally or in writing in any
evidentiary hearing on the application held prior to the filing
of the petition. The notice shall be mailed or hand delivered on
the same day the petition is filed.
  (4) If the governing body does not take final action on an
application within   { - 48 - }   { + 120 + } days of the date
the application is deemed complete, the applicant may elect to
proceed with the application according to the applicable
provisions of the local comprehensive plan and land use
regulations or to file a petition for a writ of mandamus under
this section. If the applicant elects to proceed according to the
local plan and regulations, the applicant may not file a petition
for a writ of mandamus within 14 days after the governing body
makes a preliminary decision, provided a final written decision
is issued within 14 days of the preliminary decision.
  (5) The court shall issue a peremptory writ unless the
governing body or any intervenor shows that the approval would
violate a substantive provision of the local comprehensive plan
or land use regulations as those terms are defined in ORS
197.015.  The writ may specify conditions of approval that would
otherwise be allowed by the local comprehensive plan or land use
regulations.
  SECTION 18. ORS 227.181, as amended by section 8 of this 2013
Act, is amended to read:
  227.181. (1) Pursuant to a final order of the Land Use Board of
Appeals under ORS 197.830 remanding a decision to a city, the
governing body of the city or its designee shall take final
action on an application for a permit, limited land use decision
or zone change within   { - 36 - }   { + 90 + } days of the
effective date of the final order issued by the board. For
purposes of this subsection, the effective date of the final
order is the last day for filing a petition for judicial review
of a final order of the board under ORS 197.850 (3). If judicial
review of a final order of the board is sought under ORS 197.830,
the   { - 36-day - }   { + 90-day + } period established under
this subsection shall not begin until final resolution of the
judicial review.
  (2)(a) In addition to the requirements of subsection (1) of
this section, the   { - 36-day - }   { + 90-day + } period
established under subsection (1) of this section shall not begin
until the applicant requests in writing that the city proceed
with the application on remand.
  (b) The   { - 36-day - }   { + 90-day + } period may be
extended for a reasonable period of time at the request of the
applicant.
  (3) The   { - 36-day - }   { + 90-day + } period established
under subsection (1) of this section applies only to decisions
wholly within the authority and control of the governing body of
the city.
  (4) Subsection (1) of this section does not apply to a remand
proceeding concerning a decision of the city making a change to
an acknowledged comprehensive plan or a land use regulation that
is submitted to the Director of the Department of Land
Conservation and Development under ORS 197.610.
  SECTION 19. ORS 227.182, as amended by section 9 of this 2013
Act, is amended to read:
  227.182. (1) If the governing body of a city or its designee
fails to take final action on an application for a permit,
limited land use decision or zone change within   { - 36 - }
 { + 90 + } days as provided in ORS 227.181, the applicant may
file a petition for a writ of mandamus as provided in ORS 34.105
to 34.240. The court shall set the matter for trial as soon as
practicable but not more than 15 days from the date a responsive
pleading pursuant to ORS 34.170 is filed, unless the court has
been advised by the parties that the matter has been settled.
  (2) A writ of mandamus issued under this section shall order
the governing body of the city or its designee to make a final
determination on the application. The court, in its discretion,
may order such remedy as the court determines appropriate.
  (3) In a mandamus proceeding under this section the court shall
award court costs and attorney fees to an applicant who prevails
on a petition under this section.
  SECTION 20. ORS 227.184, as amended by section 10 of this 2013
Act, is amended to read:
  227.184. (1) A person whose application for a permit is denied
by the governing body of a city or its designee under ORS 227.178
may submit to the city a supplemental application for any or all
other uses allowed under the city's comprehensive plan and land
use regulations in the zone that was the subject of the denied
application.
  (2) The governing body of a city or its designee shall take
final action on a supplemental application submitted under this
section, including resolution of all appeals, within   { - 96 - }
 { + 240 + } days after the application is deemed complete.
Except that   { - 96 - }   { + 240 + } days shall substitute for
 { - 48 - }   { + 120 + } days, all other applicable provisions
of ORS 227.178 shall apply to a supplemental application
submitted under this section.
  (3) A supplemental application submitted under this section
shall include a request for any rezoning or zoning variance that
may be required to issue a permit under the city's comprehensive
plan and land use regulations.
  (4) The governing body of a city or its designee shall adopt
specific findings describing the reasons for approving or
denying:
  (a) A use for which approval is sought under this section; and
  (b) A rezoning or variance requested in the application.
  SECTION 21.  { + (1) The amendments to ORS 215.427, 215.429,
215.433, 215.435, 215.437, 227.178, 227.179, 227.181, 227.182 and
227.184 by sections 1 to 10 of this 2013 Act apply to an
application for a permit, limited land use decision or zone
change first deemed complete on or after the effective date of
this 2013 Act.
  (2) The amendments to ORS 215.427, 215.429, 215.433, 215.435,
215.437, 227.178, 227.179, 227.181, 227.182 and 227.184 by
sections 11 to 20 of this 2013 Act apply to an application for a
permit, limited land use decision or zone change first deemed
complete on or after the operative date specified in section 22
of this 2013 Act. + }
  SECTION 22.  { + (1) The amendments to ORS 215.427, 215.429,
215.433, 215.435, 215.437, 227.178, 227.179, 227.181, 227.182 and
227.184 by sections 11 to 20 of this 2013 Act become operative on
the later of:
  (a) January 2, 2020; or
  (b) Thirty days after the Governor issues a proclamation
declaring the unemployment rate of the State of Oregon is at or
below six percent.
  (2) The Governor shall issue a proclamation for purposes of
subsection (1)(b) of this section when the unemployment rate of
the State of Oregon is at or below six percent. + }
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