Oregon Bulletin
Rule
Caption: Temporary Rule Revising Dates for
Development Review Decisions.
Adm.
Order No.: CRGC 3-2011(Temp)
Filed with Sec. of
State: 10-5-2011
Certified to be
Effective: 10-13-11 thru 2-9-12
Notice Publication
Date:
Rules Amended: 350-081-0036, 350-081-0042, 350-081-0054
Subject: Currently, the Executive Director of the Gorge
Commission must review a development review application for completeness within
14 days after receiving it, and must issue a decision on a standard development
review application within 72 days after accepting the application as complete
and an expedited review application within 30 days . This temporary rule
changes those time periods into goals that the Executive Director will attempt
to make.
Rules Coordinator: Nancy A. Andring—(509) 493-3323, ext. 221
350-081-0036
Acceptance of Application
The Executive Director shall review the application for
completeness and if complete, shall accept the application for review.
(1) No application shall be accepted until all documented
omissions and deficiencies have been corrected by the applicant. The Executive
Director shall notify the applicant of all omissions and deficiencies in
writing. The Executive Director shall review supplemental application materials
to determine if the application is complete.
(2) No application for a proposed use, which is
explicitly prohibited by this ordinance, shall be accepted.
(a) The application shall be returned to the applicant.
(b) A letter, signed by the Executive Director, stating
that the proposed use is prohibited and citing the guideline which explicitly
prohibits the proposed use, shall be sent to the applicant.
(c) Issuance of this letter shall not prohibit the
applicant from appealing the decision pursuant to 350-70.
(3) As a goal, the Executive Director shall attempt to
accept the application as complete or notify the applicant of omissions and
deficiencies within 14 days of receipt of the application. The Executive
Director shall attempt to review supplemental materials within 14 days of
receipt. The 14-day time periods in this rule are effective retroactively to
all development review applications that have been submitted to the Commission
and for which the Executive Director has not made a decision.
Stat. Auth.: ORS 196.150, RCW 43.97.015
& 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05,
cert. ef. 7-1-05; CRGC 2-2011(Temp), f. & cert. ef. 6-16-11 thru 10-12-11;
CRCG 3-2011(Temp), f. 10-5-11, cert. ef. 10-13-11 thru 2-9-12
350-081-0042
Decision of the Executive Director
(1) In making a decision on a proposed use or
development the Executive Director shall:
(a) Consult with the applicant and such agencies as the
Executive Director deems appropriate;
(b) Consider information submitted by the applicant and
all other relevant information available;
(c) Consider all comments submitted pursuant to
Commission Rule 350-81-040; and
(d) Solicit and consider the comments of the Forest
Service.
(2) The Executive Director shall approve a proposed use
or development only if it is consistent with the standards of section 6 and the
purposes of P.L. 99-663 and Commission Rule 350-81.
(a) In approving a proposed development action, the
Executive Director may impose conditions as necessary to ensure consistency
with the guidelines of Commission Rule 350-81.
(b) Conditions attached to approval of a proposed
development action shall be recorded in county deeds and records to ensure
notice of the conditions to successors in interest. The Executive Director’s
decision shall include this requirement.
(3) The Executive Director shall issue a decision on a
proposed use or development including findings of fact and conclusions of law
and any conditions to ensure consistency with the standards of section 6 and
the purposes of P.L. 99-663 and Commission Rule 350-81. As a goal, the
Executive Director shall attempt to issue a decision within 72 days after
acceptance of the application.
(4) The
Executive Director shall send a copy of the decision to the applicant, the
Forest Service, the applicable state, the four Indian tribal governments, the
applicable county and/or city and each person who submitted comments under
Commission Rule 350-81-040. The decision shall set forth the rights of appeal
under Commission Rule 350-70.
(5) The decision of the Executive Director shall be
final unless a Notice of Appeal is filed in accordance with Commission Rule
350-70. An applicant who chooses to proceed with an approved development during
the appeal period shall assume all associated risks and liabilities.
(6) The 72-day time period in this rule is effective
retroactively to all development review applications that have been submitted
to the Commission and for which the Executive Director has not made a decision.
Stat. Auth.: ORS 196.150, RCW 43.97.015
& 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05,
cert. ef. 7-1-05; CRGC 1-2007, f. 11-1-07, cert. ef. 1-1-08; CRGC 2-2011(Temp),
f. & cert. ef. 6-16-11 thru 10-12-11; CRCG 3-2011(Temp), f. 10-5-11, cert.
ef. 10-13-11 thru 2-9-12
350-081-0054
Procedures for Expedited Review
Process
(1) Applications
(a) Prior to initiating any use or development which
requires review and approval by the Executive Director, an application shall be
completed pursuant to 350-81-054.
(b) The Executive Director shall accept and review the
application pursuant to 350-81-054 for consistency with the appropriate
guidelines of this rule.
(c) The Commission may charge a fee for review of
applications after a public hearing. The Gorge Commission shall set the fee.
(d) Standard application forms shall be available at
the Commission Office, and shall be provided to county and city planning
offices for which this ordinance is effective and the Forest Service.
(e) Applications for uses eligible for expedited review
shall include the information required for review uses listed in 350-81-032(5).
They shall also include elevation drawings if the proposed development would be
visible from a key viewing area. The drawing shall show natural grade and finished
grade.
(2) Acceptance of Application
(a) The Executive Director shall review the application
for completeness, and if complete, shall accept the application for review.
(b) No application shall be accepted until all
documented omissions and deficiencies have been corrected by the applicant. The
Executive Director shall notify the applicant of all omissions and deficiencies
in writing. The Executive Director shall review supplemental application
materials to determine if the application is complete.
(c) As a goal, the Executive Director shall attempt to
accept the application as complete or notify the applicant of omissions and
deficiencies in writing within 14 days of receipt of the application. The
Executive Director shall attempt to review supplemental application materials
within 14 days of receipt of the materials.
(3) Notice of Development Review
(a) Within 7 days of the acceptance of an application,
the Executive Director shall issue notice of a proposed development review. The
notice shall provide the following information:
(A) The name of the applicant;
(B) The general and specific location of the subject
property;
(C) A brief description of the proposed action;
(D) The deadline for rendering a decision; and
(E) The deadline for filing comments on the proposed
action.
(b) The notice shall state that the application and
supporting documents are available for inspection at the Commission office
during normal working hours.
(c) The notice shall state the applicant must comply
with all applicable local, state, and federal laws.
(d) The notice shall be mailed to the Forest Service,
the four Indian tribal governments, applicable county or city planning
office(s), libraries and other agencies and interested parties that request a
notice or that the Executive Director determines should be notified.
(e) A copy of the notice shall be filed in the records
of the Commission.
(4) Comment Period: Any interested person or party
shall submit written comments within 10 days from the date a notice is sent.
(5) Written Decision
(a) In making a decision on a proposed use or
development the Executive Director shall:
(A) Consult with the applicant and such agencies as the
Executive Director deems appropriate;
(B) Consider information submitted by the applicant and
all other relevant information available;
(C) Consider all comments submitted pursuant to
350-81-054(4); and
(D) Solicit and consider the comments of the Forest
Service.
(b) The Executive Director shall approve a proposed use
or development only if it is consistent with the standards of section 6 and the
purposes of P.L. 99-663 and Commission Rule 350-81.
(A) In approving a proposed development action, the
Executive Director may impose conditions as necessary to ensure consistency
with the guidelines of Commission Rule 350-81.
(B) Conditions attached to approval of a proposed
development action shall be recorded in county deeds and records to ensure
notice of the conditions to successors in interest. The Executive Director’s
decision shall include this requirement.
(c) The Executive Director shall issue a decision on a
proposed use or development including findings of fact and conclusions of law
and any conditions to ensure consistency with the standards of section 6 and
the purposes of P.L. 99-663 and Commission Rule 350-81. As a goal, the
Executive Director shall attempt to issue a decision within 30 days after
acceptance of the application.
(d) The decision of the Executive Director shall be
final unless a Notice of Appeal is filed in accordance with Commission Rule
350-70. An applicant who chooses to proceed with an approved development during
the appeal period shall assume all associated risks and liabilities.
(6) Notice of Decision and Opportunity to Appeal
(a) The Executive Director shall send a copy of a decision
issued under the expedited review process to the four Indian tribal
governments, the Forest Service, landowners within 200 feet of the perimeter of
the subject parcel, and anyone who submitted comments pursuant to
350-81-054(4).
(b) Any person shall be allowed to appeal a decision
issued under the expedited review process in accordance with Commission Rule
350-70.
(7) Expiration of Approvals. Approvals issued under the
expedited review process shall expire in accordance with the standards for
expiration of approvals for review uses (Commission Rule 350-81-044, above).
(8) Changes or Alterations to an Approved Action.
Changes or alterations to an approval issued under the expedited review process
shall be made in accordance with the standards for changes or alterations to
approved actions for review uses (Commission Rule 350-81-046, above).
(9) The time periods in this rule are effective
retroactively to all expedited review applications that have been submitted to
the Commission and for which the Executive Director has not made a decision.
Stat. Auth.: ORS 196.150, RCW
43.97.015 & 16 U.S.C. sec. 544c(b)
Stats. Implemented: ORS 196.150
Hist.: CRGC 1-2005, f. 5-17-05,
cert. ef. 7-1-05; CRGC 2-2011(Temp), f. & cert. ef. 6-16-11 thru 10-12-11;
CRCG 3-2011(Temp), f. 10-5-11, cert. ef. 10-13-11 thru 2-9-12
Notes
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