HomeMy WebLinkAboutOrdinance 1861ORDINANCE NO. /X161
AN ORDINANCE RELATING TO SYSTEM DEVELOPMENT CHARGES AMENDING
MUNICIPAL CODE CHAPTER 11.12, SYSTEMS DEVELOPMENT CHARGE FOR
CAPITAL IMPROVEMENTS, ENACTING AND IMPOSING SYSTEM
DEVELOPMENT CHARGES.
THE PEOPLE OF THE CITY OF CENTRAL POINT, OREGON, DO ORDAIN AS
FOLLOWS:
Central Point Municipal Code Chapter 11.12 is hereby amended to read as follows:
11.12.050 Methodology. A. The methodology used to establish the
reimbursement fee shall be based on ratemaking principles employed to finance publicly
owned capital improvements, eensider- t �, ng€ae-ilities prior contributions by
then -existing users, gifts or grants from federal or state government or private persons, the
value of unused capacity available to future system users or the cost of the existing facilities,
rate making prineiples empleyed to bliely-owned-eapiW—iniprevements-, and other
relevant factors identified by the city council. The methodology shall promote the objective that
future systems users shall contribute no more than an equitable share of the cost of then -existing
facilities and shall be available for public inspection.
B. The methodology used to establish the improvement fee shall demonstrate
consideration of eensider the projected cost of projected capital improvements identified in
the plan and list adopted pursuant to Section 11.12.080 that are needed to increase the
capacity of the systems to which the fee is related and for which the need for increased system
capacity will be required to 'serve the demands placed on the system by future users.
Improvement fees shall be calculated to obtain the cost of capital improvements for the
projected need for available system capacity for future users.
C. The methodology shall may also provide for a credit as authorized in Section
11.12.110.
D. Except when authorized in methodology adopted under subsection C of this section,
the fees required by this code which are assessed or collected as part of a local improvement
district or a charge in lieu of a local improvement district assessment, or the cost of complying
with requirements or conditions imposed by a land use decision are separate from and in addition
to the systems development charge and shall not be used as a credit against such charge.
E. The methodology used to establish the improvement fee or the reimbursement fee, or
both, shall be contained in a resolution adopted by the council.
F. After the effective date of the ordinance codified in this chapter, the city shall
maintain a list of persons who have made a written request for notification prior to adoption or
amendment of a methodology for any system development charge. Written notice shall be mailed
to persons on the list at least forty five ninety days prior to the first hearing to adopt-era}Wend
establish or modify a system development charge, and the methodology supporting the adoption
or amendment shall be available at least thirty sixty days prior to the first hearing to adopt or
amend. The failure of a person on the list to receive a notice that was mailed shall not invalidate
the city's subsequent action. The city may periodically delete names from the list, but at least
thirty days prior to removing a name from the list the city must notify the person whose name is
to be deleted that a new written request for notification is required if the person wishes to remain
on the notification list. A change in the amount of a reimbursement fee or an improvement
fee is not a modification of the system development charge methodology if the change in
amount is based on a change in cost of materials, labor or real property applied to projects
or project capacity as set forth on the list adopted pursuant to Section 11.12.080 or the
periodic application of one or more specific cost indeces published by a recognized
organization or agency and is incorporated, as part of the established methodology or
identified and adopted in a separate ordinance, resolution, or order.
11.12.060 Authorized expenditures. A. Reimbursement fees shall be applied
only to capital improvements (and not operating expenses) associated with the systems for which
the fees are assessed, including expenditures relating to repayment of indebtedness.
B. 1. Improvement fees shall be spent only on capacity increasing capital improvements,
including expenditures relating to repayment of debt for the improvements. An increase in
system capacity eecurs may be established if a capital improvement increases the level of
performance or service provided by existing facilities or provides new facilities. The portion of
the improvements funded by improvement fees must be related to d z As eated---by
development the need for increased capacity to provide service for future users.
2. A capital improvement being funded wholly or in part from revenues derived from the
improvement fee shall be included in the plan adopted by the city pursuant to Section 11.12.080.
3. Notwithstanding subdivisions (1) and (2) of this section, systems development charge
revenues may be expended on the direet costs of complying with the provisions of this
subsection B, including the costs of developing systems development charge methodologies and
providing an annual accounting of systems development charge expenditures.
11.12.080 Improvement plan. The council shall adopt a plan that:
A. Lists the capital improvements that may be funded with improvement fee revenues;
B. Lists the estimated cost, and time�and percentage of costs eligible to be funded
with revenues from the improvement fee for of ea :sem tmetion o each improvement; and
C. Describes the process for modifying the plan. If a system development charge will
be increased by a proposed modification of the list to include a capacity increasing capital
improvement, the city 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 Section 11.12.050. The city shall hold a public hearing if a written
request for a hearing on the proposed modification is received within seven days of tire date
the proposed modification is scheduled for adoption.
11.12.110 Credits. A. A systems development charge shall be imposed when
a change of use of a parcel or structure occurs, but credit shall be given in an amount equal to the
existing systems development charge as applied to the pre-existing use. The credit so computed
shall not exceed the calculated systems development charge. No refund shall be made on account
of such credit.
B. An improvement fee credit shall be given for the cost of a qualified public
improvement associated with a development, subject to the following:
1. Such credit shall be only for the improvement fee charged for the type of
improvement being constructed, and credit for qualified public improvements under Section
11.12.030(F)(2) may be granted only for the cost of that portion of such improvement that
exceeds the city's minimum standard facility size or capacif- needed to serve the particular
Ordinance No. 061 (090805)
development property or project. The applicant shall have the burden of demonstrating that a
particular improvement qualifies as a Section 11.12.030(F)(2) qualified public improvement.
2. When the construction of a qualified public improvement gives rise to a credit amount
greater than the improvement fee that would otherwise be levied against the project receiving
development approval, the excess credit may be applied against improvement fees that accrue in
subsequent phases of the original development project, if any.
3. Credits shall be used within €tve ten years from the date the credit is given.
4. Credit shall not be transferable from one development to another or from one type of
capital improvement to another.
Passed by the Council and signed by me in authentication of its passage this�� /day of
September, 2005.
/�eT
ATTBS
i
City Recorder Deanna Gregory�
Approved by me this
Ordinance No. A 6/ (090805)
Mayor Hank Williams
c -d ohm
day of September, 2005.
Mayor Hank Williams