Oregon Revised Statutes Chapter 215 § 215.427 — Deadlines for completeness determination and final action on application;

Deadlines for completeness determination and final action on application; procedure; exceptions; refund of fees. (1) Except as provided in subsections (3), (5) and (10) of this section, the governing body of a county or its designee shall take final action on an application, including resolution of all appeals under ORS 215.422, within the shortest applicable period of the following periods, all of which begin on the date that the application is deemed complete: (a) 150 days; (b) 120 days, for land within an urban growth boundary or for applications for mineral aggregate extraction; (c) 100 days, for an application for the development of affordable housing as provided in ORS 197A.470; or (d) 63 days, for an expedited land division under ORS 197A.140. (2) If an application is incomplete, the governing body or its designee shall notify the applicant in writing of exactly what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information. The application is deemed complete for the purpose of subsection (1) of this section upon receipt by the governing body or its designee of: (a) All of the missing information; (b) Some of the missing information and written notice from the applicant that no other information will be provided; or (c) Written notice from the applicant that none of the missing information will be provided. (3)(a) Approval or denial of an application that was complete when first submitted or deemed complete pursuant to subsection (2) of this section must be based: (A) Upon the standards and criteria that were applicable at the time the application was first submitted; or (B) For an application relating to development of housing within an urban growth boundary, upon the request of the applicant, those standards and criteria that are operative at the time of the request. (b) If an applicant requests review under different standards as provided in paragraph (a)(B) of this subsection: (A) For the purposes of this section, any applicable timelines for completeness review and final decisions restart as if a new application were submitted on the date of the request; (B) For the purposes of this section, the application is not deemed complete until: (i) The county determines that additional information is not required under subsection (2) of this section; or (ii) The applicant makes a submission under subsection (2) of this section in response to a county’s request; (C) A county may deny a request under paragraph (a)(B) of this subsection if: (i) The county has issued a public notice of the application; or (ii) A request under paragraph (a)(B) of this subsection was previously made; and (D) The county may not require that the applicant: (i) Pay a fee, except to cover additional costs incurred by the county to accommodate the request; (ii) Submit a new application or duplicative information, unless information resubmittal is required because the request affects or changes information in other locations in the application or additional narrative is required to understand the request in context; or (iii) Repeat redundant processes or hearings that are inapplicable to the change in standards or criteria. (4) On the 181st day after first being submitted, the application is void if the applicant has been notified of the missing information as required under subsection (2) of this section and has not submitted: (a) All of the missing information; (b) Some of the missing information and written notice that no other information will be provided; or (c) Written notice that none of the missing information will be provided. (5) The period set in subsection (1) of this section may be extended for a specified period of time at the written request of the applicant. The total of all extensions, except as provided in subsection (10) of this section for mediation, may not exceed 215 days. (6) The period set in subsection (1) of this section applies: (a) Only to decisions wholly within the authority and control of the governing body of the county; and (b) Unless the parties have agreed to mediation as described in subsection (10) of this section or ORS 197.319 (2)(b). (7) Notwithstanding subsection (6) of this section, the period set in subsection (1) of this section does not apply to: (a) A decision of the county making a change to an acknowledged comprehensive plan or a land use regulation that is submitted to the Director of the Department of Land Conservation and Development under ORS 197.610; or (b) A decision of a county involving an application for the development of residential structures within an urban growth boundary, where the county has tentatively approved the application and extends these periods by no more than seven days in order to assure the sufficiency of its final order. (8) If the governing body of the county or its designee does not take final action on an applic