OAR 660-039-0040: Provision of Public Facilities and Services

(1) A qualifying city submitting a pilot project nomination shall demonstrate that, for sanitary sewers, domestic water, fire protection, parks or recreation, and streets and roads the pilot project site can be reasonably provided with public facilities and services and the provider(s) of the public facilities and services have the capacity and financial resources to serve development on the site as proposed in the concept plan. (2)(a) A qualifying city with a population of 25,000 or less shall demonstrate that, either: (A) For mass transit corridors, the affordable housing units within the pilot project site are accessible or can be made accessible to a transit stop served by a fixed transit corridor with at least four weekday trips in each direction, or four weekday trips at the terminus of a fixed transit corridor, that is within a three-quarters mile distance via sidewalk or pedestrian walkway; or (B) If transit service described in paragraph (A) is unavailable, the pilot project site is served by public demand response transit service that does not exclude any segment of the general population. (b) If transit service is not currently available, the qualifying city shall provide an official resolution or other action of the governing body providing mass transit service stating that, if the project is selected, mass transit service that satisfies the standards under subsection (a) will be provided concurrently with development of the affordable housing units. (3) A qualifying city with a population greater than 25,000 shall demonstrate that, for mass transit corridors, the affordable housing units within the pilot project site are accessible or can be made accessible to a transit stop served by a fixed transit corridor with at least eight weekday trips in each direction, or eight weekday trips at the terminus of a fixed transit corridor, that is within a three-quarters mile distance via sidewalk or pedestrian walkway. If transit service is not currently available, the qualifying city shall provide an official resolution or other action of the governing body providing mass transit service stating that, if the project is selected, mass transit service with such minimum frequency and distance from affordable housing units will be provided concurrently with development of the affordable housing units. (4) The commission may consider the following aspects of the nomination when determining the strength of the public facilities and services committed to serving the pilot project site pursuant to OAR 660-039-0080(2)(b)(B): (a) The proximity of the pilot project site to adequate existing public facilities and services; (b) The projected expense of providing necessary public facilities and services to the pilot project site; and (c) The availability and quality of the proposed transportation facilities and services provided for bicyclists, pedestrians, and mass transit users within the pilot project site and connecting to the pilot project site from other areas within the qualifying city.