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Home My WebLink AboutOrdinance 1703ORDINANCE N0. 17D~ AN ORDINANCE AMENDING PORTIONS OF CENTRAL POINT MUNICIPAL CODE CHAPTER 11.12 RELATING TO SYSTEMS DEVELOPMENT CHARGES FOR CAPITAL IMPROVEMENTS THE PEOPLE OF THE CITY OF CENTRAL POZNT, OREGON, DO ORDAIN AS FOLLOWS: Section 1. Central Point Municipal Code Section 11.12.030 is hereby amended to read as follows: 11.12.030 Definitions. For purposes of this chapter, the following definitions apply: A. "Capital improvements" means facilities or assets used for: 1. Water supply, treatment and distribution; 2. Sanitary sewer collection, transmission, treatment and disposal; 3. Drainage and flood control; 4. Transportation, including but not limited to, streets, sidewalks, bike paths, street lights, street trees, mass public transportation, vehicle parking and bridges; or 5. Parks and recreation, including but not limited to, mini-neighborhood parks, neighborhood parks, community parks and other recreational facilities. B. "Development" means constructing a building or a structure, conducting a mining operation, making a physical change in the use or appearance of a structure or land, dividing land into two or more parcels (including partitions and subdivisions), and creating or terminating a right of access. C. "Improvement fee" means a fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to Section 11.12.040 of this chapter. D. "Land area" means the area of a parcel of land as measured by projection of the parcel boundaries upon a horizontal plane with the exception of a portion of the parcel within a recorded right-of-way or easement subject to a servitude far a public street or scenic or preservation purpose. E. "Parcel of land" means a lot, parcel, block or other tract of land that is occupied or may be occupied by a structure or structures or other use, and that includes the yards and other open spaces required under the zoning, subdivision or other development ordinances. F. "Qualified public improvements" means a capital improvement that is required as a condition of development approval, identified in the plan adopted pursuant to Section 11.12.080 of this Chapter, and either: I. Not located on or contiguous to property that is the subject of development approval; or 1 - ORDINANCE N0. ( (111293) 2. Located in whole or in part on or contiguous to property that is the subject of development approval and required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related. G. "Reimbursement fee" means a fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to Section 11.12.040. H. "Systems development charge" means a reimbursement fee, an improvement fee or a combination thereof assessed or collected at any of the times specified in Section 11.12.090. It shall also include that portion of a water or sanitary sewer system connection charge that is greater than the amount necessary to reimburse the City for its average cost of inspection and installing connections with water and sanitary sewer facilities. "Systems development charge" does not include fees 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 the requirements or conditions imposed by a land use decision. Section 2. Central Point Municipal Code Section 11.12.050 is hereby amended to read as follows: 11.12.050 Methodoloav. A. The methodology used to establish the reimbursement fee shall consider the cost of then- existing facilities, prior contributions by then-existing users, the value of unused capacity, rate-making principles employed to finance publicly owned capital improvements, 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. B. The methodology used to establish the improvement fee shall consider the cost of projected capital improvements needed to increase the capacity of the systems to which the fee is related. C. The methodology may also provide for a credit as authorized in Section 11.12.110. D. Except when authorized in methodology adopted under Section 11.12.050C, 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. 2 - ORDINANCE N0. L7 03 (111293) F. After the effective date of this ordinance, 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 45 days prior to the first hearing to adopt or amend a system development charge, and the methodology supporting the adoption or amendment shall be available at least 30 days prior to the first hearing to adopt o~- 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 30 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. Section 3. Central Point Municipal Code Section 11.12.210 is hereby amended to read as follows: 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 11.12.030F2 may be granted only for the cost of that portion of such improvement that exceeds the City's minimum standard facility size or capacity needed to serve the particular development property or project. The applicant shall have the burden of demonstrating that a particular improvement qualifies as a Section 11.12.030F2 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 five vears from the date the credit is given. 4. Credit shall not be transferrable from one development to another or from one type of capital improvement to another. 3 - ORDINANCE N0, f2(~~ (111293) Section 4. Central Point Municipal Code Secticn 11.12.130 is hereby amended to read as follows: 11.12,,130 P,ppeal ProcedurE. A. A person aggrieved by a decision required or permitted to be made by the City Administratcr cr his designee under this ordinance or a person challenging the propriety of an expenditure of systems development charge revenues may appeal the decision or the expenditure to the City Council by filing a written request with thz City Administrator describing with particularity the decision cf the City Administrator or his designee or the expenditure frcm which the person appeals. B. An appeal of an expenditure must be filed within two years of the date of the alleged improper expenditure. Appeals of any ether decision must be filed within 10 days of the date cf the decision. C. The Counci]. shall determine whether the City P.dmini~trat;or's decision or the expenditure is in accordance wit:. this ordinance and the provisions of 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 systems development charge 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 sper;t. D. A legal action challenging the methodology adopted by the Council pursuant to Section 11.12.050 shall not be filed later than 60 days after adopticn, and shall be contested according to the procedure set forth in OP,S 34.010 to 34.100, and not otherwise. Passed by the Council and signed by,~`'e in authenticaticn cf its passage this ~2 day of `"~-1/~i~h.c~K/}-~ 1g93. - Leon Ell son, Council President ATTEST: City R^p ent`ative lpproved by me this _~ day cf ~/re.S r~ 1993. /~~ ~ Leon Ellson, Council President 4 - ORDINANCE NO. ('rQ ~ (111293)