ORS 195.860: Final engineering plans; deadline for local review; writ of mandamus authorized.

(1) As used in this section, “final engineering plans” means the detailed engineering plans and reports for the design or construction of public and private infrastructure improvements that require review and approval following tentative plat approval by a local government before issuing site development permits, including plans and reports for the construction of public and private infrastructure improvements such as grading, water, sewer, stormwater, transportation systems and utilities. (2) After receiving an application for final engineering plans for residential development within an urban growth boundary, a local government shall: (a) Within 30 days, confirm that the application was complete when submitted or specify all additional materials that must be included for the application to be considered complete. (b) Complete the final review of the final engineering plans and, following the receipt of applicable fees, forms and bonds, approve or deny site development permits for construction of all public and private infrastructure improvements, within 120 days after the date on which: (A) The application is deemed complete under paragraph (a) of this subsection; (B) The applicant has provided all materials specified under paragraph (a) of this subsection; or (C) The applicant states that no additional materials are forthcoming. (3) The review period for a local government to complete its review under subsection (2)(b) of this section: (a) Is tolled during the time period beginning on the date on which a local government sends a direction to the applicant to correct or supplement the application and ending on the date on which the amended application is received by the local government. (b) May be extended one or more times for a specified period at the written request of the applicant, provided that the total of all extensions does not exceed 245 days. (4)(a) If the local government does not take final action on the application within the deadline provided under subsection (2)(b) of this section, including any extension under this section, the applicant may file a petition for a writ of mandamus under ORS 34.130 in the circuit court of the county where the application was submitted. (b) The local government shall retain jurisdiction to make a decision until a petition for a writ of mandamus is filed. (c) Upon receiving a petition filed under ORS 34.130, the circuit court has jurisdiction for all decisions regarding the application, including settlement. (d) The court shall issue a peremptory writ unless the local government or any intervenor shows that the approval of final engineering plans would violate a substantive provision of the local government’s regulations. [2025 c.330 §1]