ORS 223.301 Certain system development charges and methodologies prohibited

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.

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:

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

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

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.

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.