December 3-4, 2015 - LCDC Salem <br />Agenda Item 4, Attachment H <br />(a) Land that could be otherwise be excluded from the study area under subsections (4)(a) <br />through (4)(c) shall remain in the study area, but only for purposes of evaluating the land <br />for park use. <br />(b) The local government is not required to select land described under subsection (6)(a) <br />to meet a specific need identified in an adopted parks master plan that: <br />(A) Requires a public facility or service that the local government has determined <br />would be impracticable to extend to the land under subsection (4)(a): <br />(B) Requires a site that is not subject to a development hazard risk that the local <br />government has determined exists on the land under subsection (4)(b); or <br />10 <br />11 <br />12 <br />(C) Would be incompatible with the long-term preservation of a significant <br />identified under subsection (4)(c). <br />13 (7) For purposes of subsection (4)(a), the local government may consider it impracticable to <br />14 provide water, sanitary sewer, storm water management, fire protection, or transportation <br />15 facilities to the following lands: <br />16 (a) Contiguous areas of at least five acres where 75 percent or more of the land has a slope of <br />17 25 percent or greaterd provided the areas do not contain any contiguous portions larger than <br />18 five acres that are less than 25 percent slo e. Slope shall be measured as the increase in <br />19 elevation divided by the horizontal distance at maximum ten-foot contour intervals; <br />20 (b) Land that is isolated from existing service networks by physical, topographic, or other <br />21 impediments to service provision such that it is impracticable to provide water, sanitarv <br />22 sewer, storm water management, fire protection, or transportation facilities ff@e@ssRr~ <br />23 to the land within the planning period. The local government's <br />24 determination shall be based on an evaluation of: <br />25 (A) The likely amount of development that could occur on the land within the planning <br />26 period; <br />27 (B) The likely cost of facilities and services; and, <br />28 (C) Any substantial evidence collected by or presented to the local government regarding <br />29 how similarly situated land in the region has, or has not, developed over time. <br />30 (c) As used in this section, "impediments to service provision" may include but are not <br />31 limited to: <br />32 (A) Major rivers or other water bodies that would require new bridge crossings to serve <br />33 planned urban development; <br />34 (B) Topographic features such as canyons or ridges with slopes exceeding 40 per cent <br />35 and vertical relief of greater than 80 feet; <br />Comment [MN13]: Text added here to require <br />consideration of excluded land for park use. The <br />commission asked for this. <br />Comment [MN14]: this needs to be defined to <br />mean water, sewer, storm, fire, transportation. <br />Comment [MN15]: Sideboard to prevent <br />imprope exclusion of a flatter area just because it's <br />next to a steep site. The way it's written now, a 20- <br />acre flat area could be excluded just by combining it <br />with an adjacent 60 acre hillside. <br />