Chapter 197A — Land Use Planning: Housing and Urbanization

ORS 197A.502 Legislative findings; equivalency of project procedures and requirements to certain land use procedures; construe liberally

(1)

The Legislative Assembly finds that there is a compelling state interest in obtaining maximum federal funding for the Southwest Corridor MAX Light Rail Project in order to:

(a)

Enhance the statewide transportation network;

(b)

Ensure the viability of the transportation system planned for the Portland metropolitan area;

(c)

Complete construction of the project in a timely and cost-effective manner;

(d)

Implement a significant portion of the Legislative Assembly’s air quality and energy efficiency strategies for the area; and

(e)

Ensure that affected local governments will be able to implement significant parts of their comprehensive plans.

(2)

The Legislative Assembly further finds that, to maximize the ability of this state and the Portland metropolitan area to obtain the highest available level of federal funding for the Southwest Corridor MAX Light Rail Project, it is necessary to establish:

(a)

A process to be used to establish criteria, make decisions and adopt a land use final order related to the light rail route and other project improvements to be included in the Southwest Corridor MAX Light Rail Project, including their locations;

(b)

An expedited process for appellate review of a land use final order; and

(c)

An exclusive process for appellate review.

(3)

The Legislative Assembly further finds that residents of neighborhoods within TriMet affected by land use decisions, limited land use decisions or land divisions resulting from the siting, construction or operation of any light rail route or other project improvements, either as individuals or through their neighborhood associations, shall have the opportunity to participate in those decisions and divisions.

(4)

The Legislative Assembly deems the procedures and requirements provided for in ORS 197A.500 to 197A.521, under the unique circumstances of the Southwest Corridor MAX Light Rail Project, to be equivalent in spirit and substance to the land use procedures that otherwise would be applicable.

(5)

ORS 197A.500 to 197A.521 shall be liberally construed to address the findings enumerated in subsection (1) of this section.

Note: See note under 197A.500.