(1)Except as provided in subsections (3), (5) and (11) of this section, the governing body of a city or its designee shall take final action on an application, including resolution of all appeals under ORS 227.180, within the shortest applicable period of the following periods, all of which begin on the date that the application is deemed complete: (b)100 days, for an application for the development of affordable housing as provided in ORS 197A.470; or (c)63 days, for an expedited land division under ORS 197A.140. (2)If an application is incomplete, the governing body or its designee shall notify the applicant in writing of exactly what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information. The applic
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(1) Except as provided in subsections (3), (5) and (11) of this section, the governing body of a city or its designee shall take final action on an application, including resolution of all appeals under ORS 227.180, within the shortest applicable period of the following periods, all of which begin on the date that the application is deemed complete:
(a) 120 days;
(b) 100 days, for an application for the development of affordable housing as provided in ORS 197A.470; or
(c) 63 days, for an expedited land division under ORS 197A.140.
(2) If an application is incomplete, the governing body or its designee shall notify the applicant in writing of exactly what information is missing within 30 days of receipt of the application and allow the applicant to submit the missing information. The application is deemed complete for the purpose of subsection (1) of this section upon receipt by the governing body or its designee of:
(a) All of the missing information;
(b) Some of the missing information and written notice from the applicant that no other information will be provided; or
(c) Written notice from the applicant that none of the missing information will be provided.
(3)(a) Approval or denial of an application that was complete when first submitted or deemed complete pursuant to subsection (2) of this section must be based:
(A) Upon the standards and criteria that were applicable at the time the application was first submitted; or
(B) For an application relating to development of housing within an urban growth boundary, upon the request of the applicant, those standards and criteria that are operative at the time of the request.
(b) If an applicant requests review under different standards as provided in paragraph (a)(B) of this subsection:
(A) For the purposes of this section, any applicable timelines for completeness review and final decisions restart as if a new application were submitted on the date of the request;
(B) For the purposes of this section, the application is not deemed complete until:
(i) The city determines that additional information is not required under subsection (2) of this section; or
(ii) The applicant makes a submission under subsection (2) of this section in response to a city’s request;
(C) A city may deny a request under paragraph (a)(B) of this subsection if:
(i) The city has issued a public notice of the application; or
(ii) A request under paragraph (a)(B) of this subsection was previously made; and
(D) The city may not require that the applicant:
(i) Pay a fee, except to cover additional costs incurred by the city to accommodate the request;
(ii) Submit a new application or duplicative information, unless information resubmittal is required because the request affects or changes information in other locations in the application or additional narrative is required to understand the request in context; or
(iii) Repeat redundant processes or hearings that are inapplicable to the change in standards or criteria.
(4) On the 181st day after first being submitted, the application is void if the applicant has been notified of the missing information as required under subsection (2) of this section and has not submitted:
(a) All of the missing information;
(b) Some of the missing information and written notice that no other information will be provided; or
(c) Written notice that none of the missing information will be provided.
(5) The period set in subsection (1) of this section may be extended for a specified period of time at the written request of the applicant. The total of all extensions, except as provided in subsection (11) of this section for mediation, may not exceed 245 days.
(6) The period set in subsection (1) of this section applies:
(a) Only to decisions wholly within the authority and control of the governing body of the city; and
(b) Unless the parties have agreed to mediation as described in subsection (11) of this section or ORS 197.319 (2)(b).
(7) Notwithstanding subsection (6) of this section, the period set in subsection (1) of this section does not apply to:
(a) A decision of the city making a change to an acknowledged comprehensive plan or a land use regulation that is submitted to the Director of the Department of Land Conservation and Development under ORS 197.610; or
(b) A decision of a city involving an application for the development of residential structures within an urban growth boundary, where the city has tentatively approved the application and extends these periods by no more than seven days in order to assure the sufficiency of its final order.
(8) If the governing body of the city or its designee does not take final action on an application within the period set in subsection (1) of this section, the city shall refund to the applicant, subject to the provisions of subsection (9) of this section, either the unexpended portion of any application fees or deposits previously paid or 50 percent of the total amount of such fees or deposits, whichever is greater. The applicant is not liable for additional governmental fees incurred subsequent to the payment of such fees or deposits. However, the applicant is responsible for the costs of providing sufficient additional information to address relevant issues identified in the consideration of the application.
(9)(a) To obtain a refund under subsection (8) of this section, the applicant may either:
(A) Submit a written request for payment, either by mail or in person, to the city or its designee; or
(B) Include the amount claimed in a mandamus petition filed under ORS 227.179. The court shall award an amount owed under this section in its final order on the petition.
(b) Within seven calendar days of receiving a request for a refund, the city or its designee shall determine the amount of any refund owed. Payment, or notice that no payment is due, shall be made to the applicant within 30 calendar days of receiving the request. Any amount due and not paid within 30 calendar days of receipt of the request shall be subject to interest charges at the rate of one percent per month, or a portion thereof.
(c) If payment due under paragraph (b) of this subsection is not paid within 120 days after the city or its designee receives the refund request, the applicant may file an action for recovery of the unpaid refund. In an action brought by a person under this paragraph, the court shall award to a prevailing applicant, in addition to the relief provided in this section, reasonable attorney fees and costs at trial and on appeal. If the city or its designee prevails, the court shall award reasonable attorney fees and costs at trial and on appeal if the court finds the petition to be frivolous.
(10) A city may not compel an applicant to waive the period set in subsection (1) of this section or to waive the provisions of subsection (8) of this section or ORS 227.179 as a condition for taking any action on an application, except when such applications are filed concurrently and considered jointly with a plan amendment.
(11) The periods set forth in subsections (1) and (5) of this section may be extended by up to 90 additional days, if the applicant and the city agree that a dispute concerning the application will be mediated.
(12) As used in this section, “application” means an application for:
(a) A permit;
(b) A limited land use decision;
(c) A zone change;
(d) A consolidated zone change and permit described under ORS 227.175;
(e) An expedited land division under ORS 197A.140; or
(f) A plat consisting of a land division and middle housing land division as described in ORS 92.044 (1)(c)(C).