223.309
Preparation of plan for capital improvements financed by system development
charges; modification.
(1) Prior to the establishment of a system development charge by ordinance or
resolution, a local government shall prepare a capital improvement plan, public
facilities plan, master plan or comparable plan that includes a list of the
capital improvements that the local government intends to fund, in whole or in
part, with revenues from an improvement fee and the estimated cost, timing and
percentage of costs eligible to be funded with revenues from the improvement fee
for each improvement.
(2) A local
government that has prepared a plan and the list described in subsection (1) of
this section may modify the plan and list at any time. If a system development
charge will be increased by a proposed modification of the list to include a
capacity increasing capital improvement, as described in ORS 223.307 (2):
(a) The local
government shall provide, at least 30 days prior to the adoption of the
modification, notice of the proposed modification to the persons who have
requested written notice under ORS 223.304 (6).
(b) The local
government shall hold a public hearing if the local government receives a
written request for a hearing on the proposed modification within seven days of
the date the proposed modification is scheduled for adoption.
(c)
Notwithstanding ORS 294.160, a public hearing is not required if the local
government does not receive a written request for a hearing.
(d) The decision
of a local government to increase the system development charge by modifying
the list may be judicially reviewed only as provided in ORS 34.010 to 34.100. [1989
c.449 §6; 1991 c.902 §30; 2001 c.662 §4; 2003 c.765 §7a; 2003 c.802 §23]
Note: See note under 223.297.
223.310 [Amended by 1957 c.397 §3;
repealed by 1971 c.325 §1]
Notes of Decisions
State Ex Rel. City of Powers v. Coos Cnty. Airport Dist., 119 P.3d 225 (Or. Ct. App. 2005).
· cites it 2× “"); ORS 223.309(2)(d) ("The decision of a local government to increase the system development charge by modifying the list [of capital improvements] may be judicially reviewed only as provided in ORS 34.”
Baker v. City of Woodburn, 79 P.3d 901 (Or. Ct. App. 2003).
· cites it 2× “, ORS 223.309 (requiring the governmental unit to develop a plan that lists all improvements that may be funded with improvement fee revenues); ORS 223.”
Alexander Loop, LLC v. City of Eugene, 444 P.3d 1116 (Or. Ct. App. 2019).
“304(5)(c) provides: "When the construction of a qualified public improvement gives rise to a credit amount greater than the improvement fee that would otherwise be levied against the project receiving development approval, the excess credit may be applied against improvement…”
Home Builders Ass'n v. City of Springfield, 129 P.3d 713 (Or. Ct. App. 2006).
· cites it 7× “314 provides that the “establishment, modification or implementation of a system development charge, or a plan or list adopted pursuant to ORS 223.309, or any modification of a plan or list, is not a land use decision pursuant to ORS chapters 195 and 197” (Emphasis added.”
Portland Metro. Ass'n of Realtors v. City of Portland, 423 P.3d 779 (Or. Ct. App. 2018).
· cites it 3× “ORS 223.309 requires a local government, here the Portland City Council, to prepare a plan for capital improvements (CIP) financed by a system development charge (SDC): "(1) Prior to the establishment of a system development charge by ordinance or resolution, a local government…”
Home Builders Ass'n v. City of Springfield, 156 P.3d 167 (Or. Ct. App. 2007).
““(2) Improvement fees must: “(a) Be established or modified by ordinance or resolution setting forth a methodology that is available for public inspection and demonstrates consideration of: “(A) The projected cost of the capital improvements identified in the plan and list…”
— Or. Rev. Stat. § 223.309(1) — 1 case
Home Builders Ass'n v. City of Springfield, 129 P.3d 713 (Or. Ct. App. 2006).
“314 provides that the “establishment, modification or implementation of a system development charge, or a plan or list adopted pursuant to ORS 223.309, or any modification of a plan or list, is not a land use decision pursuant to ORS chapters 195 and 197” (Emphasis added.”
— Or. Rev. Stat. § 223.309(2) — 1 case
Home Builders Ass'n v. City of Springfield, 129 P.3d 713 (Or. Ct. App. 2006).
“314 provides that the “establishment, modification or implementation of a system development charge, or a plan or list adopted pursuant to ORS 223.309, or any modification of a plan or list, is not a land use decision pursuant to ORS chapters 195 and 197” (Emphasis added.”
— Or. Rev. Stat. § 223.309(2)(d) — 1 case
State Ex Rel. City of Powers v. Coos Cnty. Airport Dist., 119 P.3d 225 (Or. Ct. App. 2005).
“"); ORS 223.309(2)(d) ("The decision of a local government to increase the system development charge by modifying the list [of capital improvements] may be judicially reviewed only as provided in ORS 34.”
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