2019 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 223 - Local Improvements and Works Generally
Section 223.301 - Certain system development charges and methodologies prohibited.

Universal Citation: OR Rev Stat § 223.301 (2019)

(1) As used in this section, "employer" means any person who contracts to pay remuneration for, and secures the right to direct and control the services of, any person.

(2) A local government may not establish or impose a system development charge that requires an employer to pay a reimbursement fee or an improvement fee based on:

(a) The number of individuals hired by the employer after a specified date; or

(b) A methodology that assumes that costs are necessarily incurred for capital improvements when an employer hires an additional employee.

(3) A methodology set forth in an ordinance or resolution that establishes an improvement fee or a reimbursement fee shall not include or incorporate any method or system under which the payment of the fee or the amount of the fee is determined by the number of employees of an employer without regard to new construction, new development or new use of an existing structure by the employer.

(4) A local government may not impose a system development charge for increased use of a transportation facility that results from the production of marijuana on a property located in an exclusive farm use zone. [1999 c.1098 §2; 2003 c.802 §19; 2019 c.292 §1]

Note: Section 5, chapter 292, Oregon Laws 2019, provides:

Sec. 5. Section 3 of this 2019 Act [475B.077] and the amendments to ORS 223.301 and 475B.968 by sections 1 and 4 of this 2019 Act apply to marijuana produced before, on and after the operative date of this 2019 Act [January 1, 2020]. [2019 c.292 §5]

Note: See note under 223.297.

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