12.07.130 Appeals and challenges.
This section provides the exclusive means for any appeal or legal challenge to the City’s adoption or revision of an SDC methodology, expenditure of SDC revenues, or determination of an SDC rate or credit.
A. Appeal of an SDC Expenditure: An appeal of an expenditure must be filed within two years of the date of the alleged improper expenditure. The City Council shall determine whether the challenged expenditure complies with the requirements of this Chapter and ORS 223.297 to 223.314 and may affirm, modify or overrule the decision. If the Council determines that there has been an improper expenditure of SDC revenues, the Council shall direct that a sum equal to the misspent amount shall be deposited within one year to the credit of the account or fund from which it was spent.
B. Appeal of an SDC Methodology: Legal action challenging an SDC methodology adopted by the Council pursuant to Section 12.07.040 shall not be filed later than 60 days after the date of adoption, and shall be contested according to the procedure set forth in ORS 34.010 to 34.100, and not otherwise.
C. Appeal of an SDC Calculation or Credit Determination: A mandatory prerequisite to an appeal of an SDC calculation or SDC credit determination is that the Applicant has first sought an alternative SDC rate determination under Section 12.07.110 or applied for SDC Credit under Section 12.07.100.
1. Legal action challenging the City Manager’s SDC calculation or a SDC credit determination shall be filed with the City Recorder no later than 14 days following the date of the City Manager’s challenged SDC calculation or SDC credit determination. The Applicant shall submit a non-refundable fee of $250 for any appeal pursuant to this subsection, which must accompany the appeal. No such appeal shall be considered filed or received until such fee is paid in full.
2. Only the Applicant may appeal an SDC calculation or SDC credit determination, and the City Council shall determine whether the City Manager’s decision with regard to the SDC calculation or SDC credit determination was consistent with the requirements of this Chapter, the applicable methodology and ORS 223.297 through 223.314. The Applicant has the burden of demonstrating with particularity, based on credible professional reports, that the rate established in the applicable SDC methodology does not accurately reflect the impact of this particular New Development on the City’s Capital Improvement system or facilities at issue. With regard to a challenge to an SDC credit determination, the Applicant has the burden of providing credible cost estimates, certified by an appropriate professional, demonstrating that the Qualified Public Improvement offered for credit is in fact a “qualified public improvement” and has a higher value or larger increment of Over Capacity than found by the City Manager.
3. The City shall withhold all permits and other approvals applicable to the Applicant’s parcel for the New Development pending resolution of all appeals under this Chapter unless the SDC is paid in full or the Applicant provides a financial guarantee or security for the charge in a form acceptable to the City Attorney for the pendency of the appeal.