This text of Oregon § 458.469 (Development on lands; grants for benefit of lands) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)For real property sold, transferred or leased under ORS 458.467, the housing developer shall: (a)Work to diligently prepare affordable housing by taking necessary steps and engaging contractors to:
(A)Partition, subdivide or replat the lands for the development of housing under this section; and
(B)Prepare the land for housing, through grading, surveying, planning, installing infrastructure for residential development on the land and other activities;
(b)Develop single-family dwellings or middle housing on the land; and
(c)(A) For housing and real property made available for sale, convey the homes and real property in a manner consistent with the applicable affordable housing covenant under ORS 458.467 (4)(a) or (b) and pursuant to the deed restrictions under ORS 458.473 (2); or
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(1) For real property sold, transferred or leased under ORS 458.467, the housing developer shall:
(a) Work to diligently prepare affordable housing by taking necessary steps and engaging contractors to:
(A) Partition, subdivide or replat the lands for the development of housing under this section; and
(B) Prepare the land for housing, through grading, surveying, planning, installing infrastructure for residential development on the land and other activities;
(b) Develop single-family dwellings or middle housing on the land; and
(c)(A) For housing and real property made available for sale, convey the homes and real property in a manner consistent with the applicable affordable housing covenant under ORS 458.467 (4)(a) or (b) and pursuant to the deed restrictions under ORS 458.473 (2); or
(B) For housing made available for rent, lease the rental housing in a manner consistent with the affordability restriction under ORS 458.467 (4)(c).
(2)(a) For real property sold, transferred or leased to a housing developer under ORS 458.467 for a nominal amount, the developer shall assume responsibility for capital improvements, as defined in ORS 223.299, which may be in addition to or in lieu of the developer’s payment of system development charges, to ensure sufficient infrastructure capacity for anticipated housing on the land.
(b) For real property sold, transferred or leased to a housing developer under ORS 458.467 at market rate, the Oregon Department of Administrative Services shall, as necessary, disburse or lend moneys for purposes of capital improvements, as defined in ORS 223.299, which may be in addition to or in lieu of the developer’s payment of system development charges, to ensure sufficient infrastructure capacity for anticipated housing on the land.
(3) Notwithstanding the exclusion of developments subject to an affordable housing covenant from the definition of “planned community” under ORS 94.550, housing developed on home start lands under this section may be made a part of a planned community, provided that the state or housing developer retains ownership of and responsibility for land to be maintained for public utility or infrastructure purposes, including a common courtyard required for a cottage cluster. Home start lands subdivided or partitioned and developed as part of a planned community are subject to the provisions of ORS 94.550 to 94.783.
(4)(a) The department may provide grants and loans to purchasers or lessees of home start lands for the development of affordable housing on the lands under this section.
(b) The department may provide grants to cities in which housing units are developed on home start lands under this section to provide public services necessary for residents of the lands, including infrastructure, law enforcement or firefighting services.
(c) The department shall distribute grant funds made available under paragraph (b) of this subsection to each eligible city in proportion to the city’s share of the total housing units certified for occupancy on home start lands that are developed under this section during the state’s prior fiscal year.