Cities and counties must adopt regional and local TSPs as part of their comprehensive plans (OAR 660-012-0015[4]). The adoption of a TSP constitutes a land use decision, establishing the need for transportation facilities and services along with their function, mode, and general location. Because of this, the local governments need to amend or adopt TSPs through a legislative adoption process.
Drafting an adoption ordinance
Clearly specify the elements that will be adopted and provide the foundation for future decision-making. Such elements include:
(if included in TSP rather than a comprehensive plan)
- Maps illustrating the planned modal systems
- Functional classification designations/maps
- Project lists and maps showing the general location, cost, and priority of planned projects for all modes
- Street/roadway design standards
- Performance standards
- Access management standards
Supporting information
Supporting information does not have to be adopted by ordinance. This information is reviewed during the process as technical reports or memoranda and is compiled into a background reference document.
Amending your TSP
Cities and counties can amend their state-acknowledged comprehensive plans through either periodic review or a post-acknowledgment plan amendment. Local notice procedures remain the same under either process but notice requirements to the Oregon Department of Land Conservation and Development differ, and appeals to the local decision are either heard by the Land Use Board of Appeals (for a post-acknowledgement plan amendment) or the Land Conservation and Development Commission (for periodic review).
Local Actions to Support TSP Adoption and Implementation
Providing notice for the adoption hearings
Ensuring that proposed or new transportation policy is
consistent with adopted plans
Enhancing development requirements and funding tools
Jurisdictions must follow their locally adopted notice requirements when proposing a plan amendment or adopting a TSP. Notice for a legislative hearing must be published in the local newspaper. Some local ordinances require posting of public hearing notices; posting locations typically include public buildings, such as city hall and libraries. Some local ordinances have accessibility requirements. Examples of additional means of notice include announcements on a local-access cable TV channel, posting on the jurisdiction’s website or electronic newsletters, posting on social media, and direct mailing through utility (water and sewer) bills.
Jurisdictions should consult with their city or county attorneys to determine whether a Measure 56 Notice is required, pursuant to the notification requirements of Oregon Revised Statute (ORS) 215.503. Measure 56 requires cities and counties to notify affected property owners if adopting a proposed comprehensive plan or land use ordinance would result in limiting or prohibiting permissible land uses on their property. See information provided by
Department of Land Conservation and Development and ORS 215.503 (for cities) and ORS 227.186 (for counties).
Adopting or amending a TSP also requires notice to the state, including ODOT and the Department of Land Conservation and Development (DLCD). In accordance with state law, DLCD must be notified of an amendment to an acknowledged plan (a post-acknowledgement plan amendment) 35 days prior to the first evidentiary hearing (according to ORS 197.610, OAR Chapter 660, Division 18). Department of Land Conservation and Development notice requirements are different if the jurisdiction is undertaking the TSP planning process as part of a periodic review work program. When in periodic review, the jurisdiction notifies the Department of Land Conservation and Development of the completed periodic review work task after adoption, rather than prior to the local decision as with a post-acknowledgement plan amendment. See The Complete Planner’s Guide to Periodic Review Second Edition (2012) for more information on periodic review and completing work program tasks.
Cities and counties within metropolitan areas will also need to provide the regional government with notice of the plan amendment, consistent with adopted regional requirements.
The authority to adopt or amend a TSP lies with the city council, board of commissioners, or county court. This is because the TSP is part of the local comprehensive plan, which must be adopted by ordinance and therefore can only be amended by elected officials. Amendments to land use and development requirements to implement the TSP also must be adopted by ordinance.
In most communities, the planning commission considers and makes a recommendation on proposed legislative amendments to the comprehensive plan and associated land use and development requirements after one or more public hearings. The commission's recommendation is then considered by the governing body, which holds at least one public hearing before taking final action.
The final decision is supported by a series of findings indicating the rationale for adopting the proposed amendments. These are typically included in a staff report recommending approval of the new or updated TSP and addressing statewide planning goals, state plans related to transportation, regional plans (where applicable), and the jurisdiction's own policies and codified requirements for legislative amendments.
Policy and Regulations
A vital step in achieving TSP goals, objectives, and recommendations is to ensure that adopted policy, land use, and development requirements are consistent with (and can help achieve) the desired transportation system. Cities and counties must develop findings of compliance with applicable statewide planning goals and acknowledged comprehensive plan policies and land use regulations in conjunction with the adoption of the TSP (OAR 660-012-0025[2]).
Cities and counties must adopt a local TSP as part of their comprehensive plans. Jurisdictions amend the comprehensive plan by adopting the TSP by reference. Physical amendments to the comprehensive plan may or may not be necessary, depending on the format and content of both the TSP and the comprehensive plan documents. Land use and development requirements, including subdivision requirements, must be consistent with the TSP. Updates to development requirements may be necessary to ensure that future development is consistent with the location of planned facilities and adheres to updated local transportation standards and state transportation planning requirements. Development requirements help protect roadway function and safety, encourage active transportation modes (transit, ridesharing, bicycling, and walking), and ensure consistency between planned land uses and the planned transportation system.
The transportation element or chapter in the comprehensive plan document will need to be updated through either one or a combination of the following actions:
- Physically replacing the transportation element with information developed for the TSP
- Modifying the transportation element to reflect updated content from the new TSP
- Indicating that the updated TSP supersedes the out-of-date transportation element
Early in the TSP planning process, jurisdictions will review all comprehensive plan-level policies for their relevance as to the transportation system. This review considers existing transportation policy and typically identifies other goal and policy statements that have a bearing on the transportation system. Policies are revisited during the implementation steps of the TSP process and, where needed, are updated to be consistent with the direction and recommendations in the updated TSP. Updated transportation policies can be included as part of the TSP, or plan objectives can be used to update or create new comprehensive plan policies. Whether housed in the TSP, the comprehensive plan, or both documents, the jurisdiction’s transportation policies will help guide future land use actions (e.g., rezoning, discretionary development review) as they relate to planned transportation facilities. Note that changes to policies related to housing, economic development, park and recreation planning, and urbanization may also be needed as part of TSP implementation.
The jurisdiction's land use and development codes implement the planned TSP. An assessment of how well local codes or ordinances help meet current (or expected future) local transportation needs and Transportation Planning Rule (TPR) requirements is part of the policy review performed in the early stages of TSP development. At the adoption stage of the planning process, project participants should revisit the findings and recommendations from that earlier assessment. If needed for consistency, amendments to land use and development requirements should be drafted and adopted to implement the goals and strategies of the updated TSP. Consistent requirements ensure that future land use decisions and actions comply with the planned transportation system and that future development contributes to the multimodal system.
Implementing ordinances should:
- Allow construction of planned transportation facilities
- Ensure allowed land uses are consistent with the performance standards of the transportation facility
- Provide for transit, ridesharing, pedestrian, and bicycle modes
Allowing Planned Transportation Facilities
When a transportation facility, project, or service is planned for and included in the acknowledged TSP, additional land use approval should not be necessary. Furthermore, separate or additional land use review should not be necessary for some types of transportation improvements, such as maintenance, that do not have a significant impact on planned land uses or that are consistent with adopted standards. For example, constructing a roadway improvement that is designed to the appropriate dimensional standards in the adopted TSP, pursuant to the functional classification of the proposed roadway, should not require additional land use permitting. OAR 660-012 -0045(1), which applies to non-metropolitan jurisdictions, lists improvements and activities that under ordinary circumstances do not need to be subject to land use regulations
Protecting Transportation Facilities
The local land use and development codes must contain requirements that will protect transportation facilities for their identified functions as described in the TSP. Access management and performance standards, such as mobility standards and requirements to coordinate with other transportation providers, can ensure that future development and redevelopment contribute to an efficient transportation system. Adopting and implementing requirements that help manage the transportation system can increase safety and lengthen a facility’s useful life so that costly capacity improvements are minimized or not needed. For non-metropolitan jurisdictions, OAR 660-012-0045(2) indicates the types of management issues that must be included in the local ordinances. For metropolitan jurisdictions, OAR 660-012-0215 and -0325 indicate the types of performance standards that must be included when reviewing a comprehensive plan or land use regulation amendment.
Consistency with OAR 660-012 -0060, as well as OAR 660-012-0215 for metropolitan jurisdictions, will ensure that proposed comprehensive plan or code modifications that significantly affect a jurisdiction's planned transportation system will include actions to bring land use and the transportation system back into balance..
Providing for Transit, Ridesharing, Pedestrian, and Non-Motorized Modes
Land use and development requirements must contain standards to ensure that new development provides for safe and convenient transit, rideshare, pedestrian, and bicycle access and circulation. These requirements play an important role in reducing the reliance on the single-occupant vehicle trip, reducing greenhouse gas emissions, and providing safe and convenient mode choices. . These transit, ridesharing, pedestrian, and bicycle mode requirements are detailed in OAR 660-012 -0045 (3) and -0045 (4) for non-metropolitan jurisdictions.
Managing Parking
Metropolitan jurisdictions that have not already adopted parking reforms should adopt ordinances to implement parking requirements in OAR 660-012-0405 through -0450. Requirements focus on striking a balance between providing single occupant vehicle parking and promoting sustainable transportation options and efficient land use.
Compact, Pedestrian-Friendly, Mixed-Use Land Use Development
Finally, land use and development requirements for metropolitan jurisdictions should encourage and regulate urban development patterns that prioritize efficient land uses; pedestrian accessibility; and a mix of residential, commercial, and recreational amenities. The requirements detailed in OAR 660-012-0330 aim to create vibrant, walkable neighborhoods that reduce reliance on automobiles, promote social interaction, and enhance the overall quality of life for residents.
Resources
Crook County TSP Court Hearing Packet Materials