[Ord. 10-1241B, § 5]
A. 
Cities and counties shall update or amend their TSPs to comply with the RTFP, or an amendment to it, within two years after acknowledgement of the RTFP, or an amendment to it or by a later date specified in the ordinance that amends the RTFP. The COO shall notify cities and counties of the dates by which their TSPs must comply.
B. 
Cities and counties that update or amend their TSPs after acknowledgment of the RTFP or an amendment to it, but before two years following its acknowledgment, shall make the amendments in compliance with the RTFP or the amendment. The COO shall notify cities and counties of the date of acknowledgment of the RTFP or an amendment to it.
C. 
One year following acknowledgment of the RTFP or an amendment to it, cities and counties whose TSPs do not yet comply with the RTFP or the amendment shall make land use decisions consistent with the RTFP or the amendment. The COO, at least 120 days before the specified date, shall notify cities and counties of the date upon which RTFP requirements become applicable to land use decisions. The notice shall specify which requirements become applicable to land use decisions in each city and county.
D. 
An amendment to a city or county TSP shall be deemed to comply with the RTFP 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 with the RTFP, the RTFP shall no longer apply directly to city or county land use decisions.
E. 
An amendment to a city or county TSP shall be deemed to comply with the RTFP as provided in subsection D only if the city or county provided notice to the COO as required by subsection F.
F. 
At least 45 days prior to the first public hearing on a proposed amendment to a TSP, the city or county shall submit the proposed amendment to the COO. The COO may request, and if so the city or county shall submit, an analysis of compliance of the amendment with the RTFP. Within four weeks after receipt of the notice, the COO shall submit to the city or county a written analysis of compliance of the proposed amendment with the RTFP, including recommendations, if any, that would bring the amendment into compliance with the RTFP. The COO shall send a copy of its analysis to those persons who have requested a copy.
G. 
If the COO concludes that the proposed amendment does not comply with RTFP, 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 3.08.620, to bring the proposed amendment into compliance;
3. 
Seek an exception to the requirement, pursuant to section 3.08.630; or
4. 
Seek review of the noncompliance by the Metro Council.
H. 
A city or county may postpone further consideration of the proposed amendment and seek review of the COO’s analysis by the Metro Council. If a city or county seeks such review, the Council shall schedule the review at the earliest convenient time. At the conclusion of the review, the Council shall decide whether it agrees or disagrees with the COO’s analysis and provide a written explanation as soon as practicable.
I. 
A city or county that adopts an amendment to its TSP shall send a printed or electronic copy of the ordinance making the amendment to the COO within 14 days after its adoption.
[Ord. 10-1241B, § 5; Ord. 12-1278]
A. 
A city or county may seek an extension of time for compliance with the RTFP by filing an application on a form provided by the COO. Upon receipt of an application, the COO shall notify the city or county, the Oregon Department of Transportation 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 compliance deadline. 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 an extension 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 RTFP requirement. A term or condition must relate to the requirement of the RTFP for which the Council grants the extension. The COO shall incorporate the terms and conditions into the order on 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 with its conclusion and analysis and send a copy to the city or county and any person who participated in the proceeding. 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. 12-1241B § 5; Ord. 12-1278]
A. 
A city or county may seek an exception from compliance with a requirement of the RTFP by filing an application on a form provided by the COO. Upon receipt of an application, the COO shall notify the city or county, the Oregon Department of Transportation 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. 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.
B. 
Within 30 days after the filing of a complete application for an exception, the COO shall issue an order granting or denying the exception.
C. 
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 policies of the RTP. A term or condition must relate to the requirement of the RTFP to which the Council grants the exception. The COO shall incorporate the terms and conditions into the order on the exception.
D. 
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 with its conclusion and analysis and send a copy to the city or county, the DLCD and those persons who have requested a copy of the order. 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. 12-1278]
A. 
A city or county may seek an exemption from the requirements of the RTFP. Upon receipt of a request, the COO shall notify the city or county, the Department of Land Conservation and Development, the Oregon Department of Transportation and those persons who request notification of applications for exemptions. Any person may file a written comment in support of or opposition to the exemption.
B. 
The COO may grant an exemption from some or all requirements if:
1. 
The city or county’s transportation system is generally adequate to meet transportation needs;
2. 
Little population or employment growth is expected over the period of the exemption;
3. 
The exemption would not make it more difficult to accommodate regional or state transportation needs; and
4. 
The exemption would not make it more difficult to achieve the performance objectives set forth in section 3.08.010A.
C. 
Within 30 days after the filing the request for an exemption, the COO shall issue an order granting or denying the exemption.
D. 
The COO shall prescribe the duration of the exemption and may establish other terms and conditions for the exemption so long as the terms and conditions relate to the requirement of the RTFP to which the Council grants the exemption. The COO shall incorporate the terms and conditions into the order on the exemption.
E. 
The city or county applicant or any person who filed written comment on the exemption 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 with its conclusion and analysis and send a copy to the city or county and any person who participated in the proceeding. 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).