December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment A <br />Proposed New Rules to Implement ORS 197A Public Draft 3 - November 23, 2015 <br />1 (5) For purposes of subsection (2)(a), the city may consider it impracticable to provide necessary <br />2 public facilities or services to the following lands: <br />3 (a) Contiguous areas of at least five acres where 75 percent or more of the land has a slope of <br />4 25 percent or greater. Slope shall be measured as the increase in elevation divided by the <br />5 horizontal distance at maximum ten-foot contour intervals; <br />6 (b) Lands requiring the construction of a new freeway interchange, overpass, underpass, or <br />7 similar improvement to accommodate planned urban development providing such <br />8 improvement is not currently identified in the Statewide Transportation Improvement <br />9 Program (STIP) for construction within the planning period; <br />10 (c) Land that is isolated from existing service networks by physical, topographic, or other <br />11 impediments to service provision such that it is impracticable to provide necessary facilities <br />12 or services to the land within the planning period. The city's determination shall be based on <br />13 an evaluation of: <br />14 (A) The likely amount of development that could occur on the land within the planning <br />15 period; <br />16 (B) The likely cost of facilities and services; and, <br />17 (C) Any substantial evidence collected by or presented to the city regarding how <br />18 similarly situated land has, or has not, developed over time. <br />19 (d) As used in this section, "impediments to service provision" may include but are not <br />20 limited to: <br />21 (A) Major rivers or other water bodies that would require new bridge crossings to serve <br />22 planned urban development; <br />23 (B) Topographic features such as canyons or ridges with slopes exceeding 40 percent and <br />24 vertical relief of greater than 80 feet; <br />25 (C) Freeways, rail lines, or other restricted access corridors that would require new grade <br />26 separated crossings to serve planned urban development; <br />27 (D) Significant scenic, natural, cultural or recreational resources on an acknowledged <br />28 plan inventory and subject protection measures under the plan or implementing <br />29 regulations, or on a published state or federal inventory, that would prohibit or substantially <br />30 impede the placement or construction of necessary public facilities and services. <br />11/23/2015 3:43:00 PM <br />http://intranet.dlcd.state.or.us/projects/UGBRAC/Reference Documents/660-038_3rdPublicDraft_2015-11-20.docx v2.0 <br />25 <br />