[Ord. 97-715B, § 1; Ord. 98-730C, § 4; Ord. 00-839, § 1; Ord. 00-882C, § 2; Ord. 01-925E, § 1; Ord. 02-972A, § 1; Ord. 05-1077C, § 6; Ord. 10-1244B, § 7]
(a) 
The purposes of this chapter are to establish a process for ensuring city or county compliance with requirements of the Urban Growth Management Functional Plan and for evaluating and informing the region about the effectiveness of those requirements. Where the terms "compliance" and "comply" appear in this title, the terms shall have the meaning given to "substantial compliance" in section 3.07.1010.
(b) 
Cities and counties shall amend their comprehensive plans and land use regulations to comply with the functional plan, or an amendment to the functional plan, within two years after acknowledgement of the functional plan or amendment, or after any later date specified by the Metro Council in the ordinance adopting or amending the functional plan. The COO shall notify cities and counties of the acknowledgment date and compliance dates described in subsections (c) and (d).
(c) 
After one year following acknowledgment of a functional plan requirement, cities and counties that amend their comprehensive plans and land use regulations shall make such amendments in compliance with the new functional plan requirement.
(d) 
Cities and counties whose comprehensive plans and land use regulations do not yet comply with the new functional plan requirement shall, after one year following acknowledgment of the requirement, make land use decisions consistent with the requirement. The COO shall notify cities and counties of the date upon which functional plan requirements become applicable to land use decisions at least 120 days before that date. For the purposes of this subsection, "land use decision" shall have the meaning of that term as defined in ORS 197.015(10).
(e) 
An amendment to a city or county comprehensive plan or land use regulation shall be deemed to comply with the functional plan upon the expiration of the appropriate appeal period specified in ORS 197.830 or 197.650 or, if an appeal is made, upon the final decision on appeal. Once the amendment is deemed to comply, the functional plan requirement shall no longer apply to land use decisions made in conformance with the amendment.
(f) 
An amendment to a city or county comprehensive plan or land use regulation shall be deemed to comply with the functional plan as provided in subsection (e) only if the city or county provided notice to the COO as required by subsection (a) of section 3.07.820.
[Ord. 97-715B, § 1; Ord. 98-730C, § 5, 6, 7; Ord. 98-727C, § 1; Ord. 00-839, § 1; Ord. 00-882C, § 2; Ord. 01-925E, § 1; Ord. 02-972A, § 1; Ord. 10-1244B, § 7; Ord. 15-1357]
(a) 
A city or county proposing an amendment to a comprehensive plan or land use regulation shall submit the proposed amendment to the COO at least 35 days prior to the first evidentiary hearing on the amendment. The COO may request, and if so the city or county shall submit, an analysis of compliance of the amendment with the functional plan. If the COO submits comments on the proposed amendment to the city or county, the comment shall include analysis and conclusions on compliance and a recommendation with specific revisions to the proposed amendment, if any, that would bring it into compliance with the functional plan. The COO shall send a copy of comment to those persons who have requested a copy.
(b) 
If the COO concludes that the proposed amendment does not comply with the functional plan, the COO shall advise the city or county that it may:
(1) 
Revise the proposed amendment as recommended in the COO’s analysis;
(2) 
Seek an extension of time, pursuant to section 3.07.830, to bring the proposed amendment into compliance with the functional plan; or
(3) 
Seek an exception pursuant to section 3.07.840.
[Ord. 97-715B, § 1; Ord. 98-727C, § 2; Ord. 01-925E, § 1; Ord. 02-972A, § 1; Ord. 10-1244B, § 7]
(a) 
A city or county may seek an extension of time for compliance with a functional plan requirement. The city or county shall file an application for an extension on a form provided by the COO. Upon receipt of an application, the COO shall notify the city or county and those persons who request notification of applications for extensions. Any person may file a written comment in support of or opposition to the extension.
(b) 
The COO may grant an extension if the city or county is making progress toward compliance or there is good cause for failure to meet the deadline for compliance. Within 30 days after the filing of a complete application for an extension, the COO shall issue an order granting or denying the extension. The COO shall not grant more than two extensions of time. The COO shall send the order to the city or county and any person who filed a written comment.
(c) 
The COO may establish terms and conditions for the extension in order to ensure that compliance is achieved in a timely and orderly fashion and that land use decisions made by the city or county during the extension do not undermine the ability of the city or county to achieve the purposes of the functional plan requirement. A term or condition must relate to the requirement of the functional plan to which the COO has granted the extension.
(d) 
The city or county applicant or any person who filed written comment on the extension may appeal the COO’s order to the Metro Council within 15 days after receipt of the order. If an appeal is filed, the Council shall hold a hearing to consider the appeal. After the hearing, the Council shall issue an order granting or denying the extension and shall send copies to the applicant and any person who participated in the hearing. The city or county or a person who participated in the proceeding may seek review of the Council’s order as a land use decision described in ORS 197.015(10)(a)(A).
[Ord. 97-715B, § 1; Ord. 01-925E, § 1; Ord. 02-972A, § 1; Ord. 10-1244B, § 7]
(a) 
A city or county may seek an exception from compliance with a functional plan requirement by filing an application on a form provided by the COO. Upon receipt of an application, the COO shall notify the city or county and those persons who request notification of requests for exceptions. Any person may file a written comment in support of or opposition to the exception.
(b) 
Except as provided in subsection (c), the COO may grant an exception if:
(1) 
It is not possible to achieve the requirement due to topographic or other physical constraints or an existing development pattern;
(2) 
This exception and likely similar exceptions will not render the objective of the requirement unachievable region-wide;
(3) 
The exception will not reduce the ability of another city or county to comply with the requirement; and
(4) 
The city or county has adopted other measures more appropriate for the city or county to achieve the intended result of the requirement.
(c) 
The COO may grant an exception to the housing capacity requirements in section 3.07.120 if:
(1) 
The city or county has completed the analysis of capacity for dwelling units required by section 3.07.120;
(2) 
It is not possible to comply with the requirements due to topographic or other physical constraints, an existing development pattern, or protection of natural resources pursuant to Titles 3 or 13 of this chapter; and
(3) 
This exception and other similar exceptions will not render the targets unachievable region-wide.
(d) 
The COO may establish terms and conditions for the exception in order to ensure that it does not undermine the ability of the region to achieve the purposes of the requirement. A term or condition must relate to the requirement of the functional plan to which the COO grants the exception. The COO shall incorporate the terms and conditions into the order on the exception.
(e) 
The city or county applicant or a person who filed a written comment on the exception may appeal the COO’s order to the Metro Council within 15 days after receipt of the order. If an appeal is filed, the Council shall hold a hearing to consider the appeal. After the hearing, the Council shall issue an order granting or denying the exception and send copies to the applicant and any person who participated in the hearing. The city or county or a person who participated in the proceeding may seek review of the Council’s order as a land use decision described in ORS 197.015(10)(a)(A).
[Ord. 97-715B, § 1; Ord. 01-925E, § 1; Ord. 02-972A, § 1; Ord. 10-1244B, § 7]
(a) 
The Metro Council may initiate enforcement if a city or county has failed to meet a deadline for compliance with a functional plan requirement or if the Council has good cause to believe that a city or county is engaged in a pattern or a practice of decision-making that is inconsistent with the functional plan, ordinances adopted by the city or county to implement the plan, or the terms or conditions in an extension or an exception granted pursuant to section 3.07.830 or 3.07.840, respectively. The Council may consider whether to initiate enforcement proceedings upon the request of the COO or a Councilor. The Council shall consult with the city or county before it determines there is good cause to proceed to a hearing under subsection (b).
(b) 
If the Council decides there is good cause, the Council President shall set the matter for a public hearing before the Council within 90 days of its decision. The COO shall publish notice of the hearing in a newspaper of general circulation in the city or county and send notice to the city or county, MPAC and any person who requests a copy of such notices.
(c) 
The COO shall prepare a report and recommendation on the pattern or practice, with a proposed order, for consideration by the Council. The COO shall publish the report at least 14 days prior to the public hearing and send a copy to the city or county and any person who requests a copy.
(d) 
At the conclusion of the hearing, the Council shall adopt an order that dismisses the matter if it decides the city or county complies with the requirement. If the Council decides the city or county has failed to meet a deadline for compliance with a functional plan requirement or has engaged in a pattern or a practice of decision-making that is inconsistent with the functional plan, ordinances adopted by the city or county to implement the plan, or terms or conditions of an extension or an exception granted pursuant to section 3.07.830 or 3.07.840, respectively, the Council may adopt an order that:
(1) 
Directs changes in the city or county ordinances necessary to remedy the pattern or practice; or
(2) 
Includes a remedy authorized in ORS 268.390(7).
(e) 
The Council shall issue its order not later than 30 days following the hearing and send copies to the city or county, MPAC and any person who requests a copy.
[Ord. 97-715B, § 1; Ord. 01-925E, § 1; Ord. 02-972A, § 1; Ord. 10-1244B, § 7; Ord. 15-1357]
(a) 
Any person may contact Metro staff or the COO or appear before the Metro Council to raise issues regarding local functional plan compliance, to request Metro participation in the local process, or to request the COO to appeal a local enactment for which notice is required pursuant to subsection (a) of section 3.07.820. Such contact may be oral or in writing and may be made at any time.
(b) 
In addition to considering requests as described in (a) above, the Council shall at every regularly scheduled meeting provide an opportunity for people to address the Council on any matter related to this functional plan. The COO shall maintain a list of persons who request notice in writing of COO reviews, reports and orders and proposed actions under this chapter and shall send requested documents as provided in this chapter.
(c) 
Cities, counties and the Council shall comply with their own adopted and acknowledged Citizen Involvement Requirements (Citizen Involvement) in all decisions, determinations and actions taken to implement and comply with this functional plan. The COO shall publish a citizen involvement fact sheet, after consultation with the Metro Public Engagement Review Committee (PERC), that describes opportunities for citizen involvement in Metro’s growth management procedures as well as the implementation and enforcement of this functional plan.
[Ord. 01-925E, § 2; Ord. 02-972A, § 1; Ord. 10-1244B, § 7; Ord. 15-1357]
(a) 
The COO shall submit a report to the Metro Council by March 1 of each calendar year on the status of compliance by cities and counties with the requirements of the Urban Growth Management Functional Plan. The COO shall send a copy of the report to MPAC, JPACT, PERC and each city and county within Metro.
(b) 
A city, county or person who disagrees with a determination in the compliance report may seek review of the determination by the Council by written request to the COO. The Council shall notify the requestor, all cities and counties, MPAC, JPACT, PERC, the Department of Land Conservation and Development and any person who requests notification of the review. The notification shall state that the Council does not have jurisdiction to:
(1) 
Determine whether previous amendments of comprehensive plans or land use regulations made by a city or county comply with functional plan requirements if those amendments already comply pursuant to subsections (e) and (f) of section 3.07.810; or
(2) 
Reconsider a determination in a prior order issued under this section that a city or county complies with a requirement of the functional plan.
(c) 
Following its review at a public hearing, the Council shall adopt an order that determines whether the city or county complies with the functional plan requirement raised in the request. The order shall be based upon the COO’s report and testimony received at the public hearing. The COO shall send a copy of the order to cities and counties and any person who testifies, orally or in writing, at the public hearing.
(d) 
A city or county or a person who participated, orally or in writing, at the public hearing, may seek review of the Council’s order as a land use decision described in ORS 197.015(10)(a)(A).