Local Improvements and Works Generally

ORS 223.309
Preparation of plan for capital improvements financed by system development charges

  • modification


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.


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 (Authorized expenditure of system development charges) (2):


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 (Determination of amount of system development charges) (6).


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.


Notwithstanding ORS 294.160 (Opportunity for public comment on new fee or fee increase), a public hearing is not required if the local government does not receive a written request for a hearing.


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 (Former writ of certiorari as writ of review) to 34.100 (Power of court on review). [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 (Policy).
§§ 223.297 to 223.314

Notes of Decisions

System development charge levied upon broad class of property on uniform assessment basis is not "taking" subject to rough proportionality analysis. Rogers Machinery, Inc. v. Washington County, 181 Or App 369, 45 P3d 966 (2002), Sup Ct review denied, cert. denied, 538 US 906 (2003)

System development charges do not effect taking in violation of section 18, Article I of Oregon Constitution. Homebuilders Assn. v. Tualatin Hills Park and Recreation District, 185 Or App 729, 62 P3d 404 (2003)

Chapter 223

Notes of Decisions

Fact that ordinance, which charged fee to property owners taking advantage of privilege of making connection to city water system, specified that payment would be secured by liens which would be "enforced" in matter provided by this chapter did not, of itself, show that such charges were "assessments." Montgomery Brothers v. City of Corvallis, 34 Or App 785, 580 P2d 190 (1978)

Circuit court has jurisdiction to determine merits of assessment, but cannot address whether assessment is subject to constitutional limits on property taxes. Martin v. City of Tigard, 14 OTR 517 (1999), aff'd 335 Or 444, 72 P3d 619 (2003)

State statutory procedures for financing local improvements are not exclusive and do not displace consistent local procedures. Baker v. City of Woodburn, 190 Or App 445, 79 P3d 901 (2003), Sup Ct review denied


Last accessed
Jun. 26, 2021