Title 197 · ORS Chapter 197

197.651. ����� (3) A local government or special district may adopt a public facilities strategy only if the local government or special district: ����� (a) Makes written findings justifying the nee

Citation: ORS 197.651

Section: 197.651

197.651.

����� (3) A local government or special district may adopt a public facilities strategy only if the local government or special district:

����� (a) Makes written findings justifying the need for the public facilities strategy;

����� (b) Holds a public hearing on the adoption of a public facilities strategy and the findings that support the adoption of the public facilities strategy; and

����� (c) Provides written notice to the Department of Land Conservation and Development at least 45 days prior to the final public hearing that is held to consider the adoption of the public facilities strategy.

����� (4) At a minimum, the findings under subsection (3) of this section must demonstrate that:

����� (a) There is a rapid increase in the rate or intensity of land development in a specific geographic area that was unanticipated at the time the original planning for that area was adopted or there has been a natural disaster or other catastrophic event in a specific geographic area;

����� (b) The total land development expected within the specific geographic area will exceed the planned or existing capacity of public facilities; and

����� (c) The public facilities strategy is structured to ensure that the necessary supply of housing and commercial and industrial facilities that will be impacted within the relevant geographic area is not unreasonably restricted by the adoption of the public facilities strategy.

����� (5) A public facilities strategy shall include a clear, objective and detailed description of actions and practices a local government or special district may engage in to control the time and sequence of development approvals in response to the identified deficiencies in public facilities.

����� (6) A public facilities strategy shall be effective for no more than 24 months after the date on which it is adopted, but may be extended, subject to subsection (7) of this section, provided the local government or special district adopting the public facilities strategy holds a public hearing on the proposed extension and adopts written findings that:

����� (a) Verify that the problem giving rise to the need for a public facilities strategy still exists;

����� (b) Demonstrate that reasonable progress is being made to alleviate the problem giving rise to the need for a public facilities strategy; and

����� (c) Set a specific duration for the extension of the public facilities strategy.

����� (7)(a) A local government or special district considering an extension of a public facilities strategy shall give the department notice at least 14 days prior to the date of the public hearing on the extension.

����� (b) A single extension may not exceed one year, and a public facilities strategy may not be extended more than three times. [1995 c.463 �5; 2001 c.557 �1]

����� 197.770 Firearms training facilities. (1) Any firearms training facility in existence on September 9, 1995, shall be allowed to continue operating until such time as the facility is no longer used as a firearms training facility.

����� (2) For purposes of this section, a �firearms training facility� is an indoor or outdoor facility that provides training courses and issues certifications required:

����� (a) For law enforcement personnel;

����� (b) By the State Department of Fish and Wildlife; or

����� (c) By nationally recognized programs that promote shooting matches, target shooting and safety. [1995 c.475 �2]

����� 197.772 Historic property; consent for designation; portable cooling devices allowed. (1) Notwithstanding any other provision of law, a local government shall allow a property owner to refuse to consent to any form of historic property designation at any point during the designation process. Such refusal to consent shall remove the property from any form of consideration for historic property designation under ORS 358.480 to