From: Gerald Fisher
Sent: Thu Dec 07 16:03:16 2017
To: Jimmy Thompson
Cc: Dan Huff
Subject: RE: Molalla Wastewater Action Alert
Importance: Normal
Hi Jimmy,
Ignore. There are only two groups that can enact a moratorium here. DEQ by
not approving sewer plans and the City is the other through an official
process that the State gets involved in including deadlines for correction.
197.520 Manner of declaring moratorium.
(1) No city, county or special district may adopt a moratorium on
construction or land development unless it first:
(a) Provides written notice to the Department of Land Conservation and
Development at least 45 days prior to the final public hearing to be held to
consider the adoption of the moratorium;
(b) Makes written findings justifying the need for the moratorium in
the manner provided for in this section; and
(c) Holds a public hearing on the adoption of the moratorium and the
findings which support the moratorium.
(2) For urban or urbanizable land, a moratorium may be justified by
demonstration of a need to prevent a shortage of public facilities which
would otherwise occur during the effective period of the moratorium. Such a
demonstration shall be based upon reasonably available information, and
shall include, but need not be limited to, findings:
(a) Showing the extent of need beyond the estimated capacity of
existing public facilities expected to result from new land development,
including identification of any public facilities currently operating beyond
capacity, and the portion of such capacity already committed to development;
(b) That the moratorium is reasonably limited to those areas of the
city, county or special district where a shortage of key public facilities
would otherwise occur; and
(c) That the housing and economic development needs of the area
affected have been accommodated as much as possible in any program for
allocating any remaining public facility capacity.
(3) A moratorium not based on a shortage of public facilities under
subsection (2) of this section may be justified only by a demonstration of
compelling need. Such a demonstration shall be based upon reasonably
available information and shall include, but need not be limited to,
findings:
(a) For urban or urbanizable land:
(A) That application of existing development ordinances or regulations
and other applicable law is inadequate to prevent irrevocable public harm
from development in affected geographical areas;
(B) That the moratorium is sufficiently limited to ensure that a
needed supply of affected housing types and the supply of commercial and
industrial facilities within or in proximity to the city, county or special
district are not unreasonably restricted by the adoption of the moratorium;
(C) Stating the reasons alternative methods of achieving the
objectives of the moratorium are unsatisfactory;
(D) That the city, county or special district has determined that the
public harm which would be caused by failure to impose a moratorium
outweighs the adverse effects on other affected local governments, including
shifts in demand for housing or economic development, public facilities and
services and buildable lands, and the overall impact of the moratorium on
population distribution; and
(E) That the city, county or special district proposing the moratorium
has determined that sufficient resources are available to complete the
development of needed interim or permanent changes in plans, regulations or
procedures within the period of effectiveness of the moratorium.
(b) For rural land:
(A) That application of existing development ordinances or regulations
and other applicable law is inadequate to prevent irrevocable public harm
from development in affected geographical areas;
(B) Stating the reasons alternative methods of achieving the
objectives of the moratorium are unsatisfactory;
(C) That the moratorium is sufficiently limited to ensure that lots or
parcels outside the affected geographical areas are not unreasonably
restricted by the adoption of the moratorium; and
(D) That the city, county or special district proposing the moratorium
has developed a work plan and time schedule for achieving the objectives of
the moratorium.
(4) No moratorium adopted under subsection (3)(a) of this section shall be
effective for a period longer than 120 days, but such a moratorium may be
extended provided the city, county or special district adopting the
moratorium holds a public hearing on the proposed extension and adopts
written findings that:
(a) Verify the problem giving rise to the need for a moratorium still
exists;
(b) Demonstrate that reasonable progress is being made to alleviate
the problem giving rise to the moratorium; and
(c) Set a specific duration for the renewal of the moratorium. No
extension may be for a period longer than six months.
(5) Any city, county or special district considering an extension of a
moratorium shall give the department at least 14 days’ notice of the time
and date of the public hearing on the extension. [1980 c.2 §3; 1991 c.839
§3; 1995 c.463 §3]
Regards,
Gerald Fisher, P.E. | Public Works Director
City of Molalla
117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038
Office: 503.829.6855 <callto:503.829.6855> | Direct: 503.759.0218
<callto:503.759.0218>
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-----Original Message-----
From: Jimmy Thompson [mailto:jthompson@cityofmolalla.com]
Sent: Thursday, December 07, 2017 3:56 PM
To: 'Dan Huff' <dhuff@cityofmolalla.com>; 'Gerald Fisher'
<gfisher@cityofmolalla.com>
Subject: Fwd: Molalla Wastewater Action Alert
6 month moratorium?
Jimmy
----- Forwarded Message -----
From: Conrad Gowell <conrad@nativefishsociety.org>
Sent: Thu, 07 Dec 2017 12:00:19 -0800 (PST)
Subject: Molalla Wastewater Action Alert
Greetings,
I just wanted to let you know that the Native Fish Society has been working
with our River Stewards to launch an action alert, to allow concerned
members of the public to weigh in on wastewater discharges into the Molalla
Watershed which impact threatened fish. You are receiving this email
because you were identified as someone who could make a difference in
solving this difficult problem. We look forward to working with you to
ensure the Molalla River doesn’t continue to be impacted by wastewater
discharges, starting with enacting a 6 month moratorium on sewer hookups
pursuant to ORS 197.520.
Please feel free to reach out to me with any questions.
Kind regards,
<http://nativefishsociety.org/>ConradGowellRiver Steward Program Director | Native Fish Society813 7th Street Ste. 200A, Oregon City, OR 97045Cell: 971.237.6544 | Office: 503.344.4218nativefishsociety.org <http://nativefishsociety.org/> • Facebook<https://www.facebook.com/nativefishsociety/> • Twitter<https://twitter.com/nfswildfish> • Instagram<https://www.instagram.com/nativefishsociety/>