“Expedited land division” defined
- • applicability
(1) As used in this section:
(a) “Expedited land division” means a division of land under ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment), 92.205 (Policy) to 92.245 (Fees for review proceedings resulting in modification or vacation) or 92.830 (Definitions for ORS 92.830 to 92.845) to 92.845 (Relationship of subdivision in manufactured dwelling park or mobile home park to planned community statutes and series partition statutes) by a local government that:
(A) Includes only land that is zoned for residential uses and is within an urban growth boundary.
(B) Is solely for the purposes of residential use, including recreational or open space uses accessory to residential use.
(C) Does not provide for dwellings or accessory buildings to be located on land that is specifically mapped and designated in the comprehensive plan and land use regulations for full or partial protection of natural features under the statewide planning goals that protect:
(i) Open spaces, scenic and historic areas and natural resources;
(ii) The Willamette River Greenway;
(iii) Estuarine resources;
(iv) Coastal shorelands; and
(v) Beaches and dunes.
(D) Satisfies minimum street or other right-of-way connectivity standards established by acknowledged land use regulations or, if such standards are not contained in the applicable regulations, as required by statewide planning goals or rules.
(E) Will result in development that either:
(i) Creates enough lots or parcels to allow building residential units at 80 percent or more of the maximum net density permitted by the zoning designation of the site; or
(ii) Will be sold or rented to households with incomes below 120 percent of the median family income for the county in which the project is built.
(b) “Expedited land division” includes land divisions that create three or fewer parcels under ORS 92.010 (Definitions for ORS 92.010 to 92.192) to 92.192 (Property line adjustment) and meet the criteria set forth in paragraph (a) of this subsection.
(2) An expedited land division as described in this section is not a land use decision or a limited land use decision under ORS 197.015 (Definitions for ORS chapters 195, 196, 197 and ORS 197A.300 to 197A.325) or a permit under ORS 215.402 (Definitions for ORS 215.402 to 215.438 and 215.700 to 215.780) or 227.160 (Definitions for ORS 227.160 to 227.186).
(3) The provisions of ORS 197.360 (“Expedited land division” defined) to 197.380 (Application fees for expedited land division) apply to all elements of a local government comprehensive plan and land use regulations applicable to a land division, including any planned unit development standards and any procedures designed to regulate:
(a) The physical characteristics of permitted uses;
(b) The dimensions of the lots or parcels to be created; or
(c) Transportation, sewer, water, drainage and other facilities or services necessary for the proposed development, including but not limited to right-of-way standards, facility dimensions and on-site and off-site improvements.
(4) An application for an expedited land division submitted to a local government shall describe the manner in which the proposed division complies with each of the provisions of subsection (1) of this section. [1995 c.595 §7; 2015 c.260 §1]
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