System development charges
- • use of revenues
- • review procedures
(1) Local governments are authorized to establish system development charges, but the revenues produced therefrom must be expended only in accordance with ORS 223.297 (Policy) to 223.314 (Establishment or modification of system development charge not a land use decision). If a local government expends revenues from system development charges in violation of the limitations described in ORS 223.307 (Authorized expenditure of system development charges), the local government shall replace the misspent amount with moneys derived from sources other than system development charges. Replacement moneys must be deposited in a fund designated for the system development charge revenues not later than one year following a determination that the funds were misspent.
(2) Local governments shall adopt administrative review procedures by which any citizen or other interested person may challenge an expenditure of system development charge revenues. Such procedures shall provide that such a challenge must be filed within two years of the expenditure of the system development charge revenues. The decision of the local government shall be judicially reviewed only as provided in ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review).
(3)(a) A local government must advise a person who makes a written objection to the calculation of a system development charge of the right to petition for review pursuant to ORS 34.010 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review).
(b) If a local government has adopted an administrative review procedure for objections to the calculation of a system development charge, the local government shall provide adequate notice regarding the procedure for review to a person who makes a written objection to the calculation of a system development charge. [1989 c.449 §3; 1991 c.902 §27; 2001 c.662 §2; 2003 c.765 §3; 2003 c.802 §20]
Note: See note under 223.297 (Policy).
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