Section
33.01 Purpose
33.02 Scope
33.03 Definitions
33.04 Systems development charge established
33.05 Methodology
33.06 Authorized expenditures
33.07 Expenditure restrictions
33.08 Capital improvement plan
33.09 Collection of charge
33.10 Exemptions
33.11 Credits
33.12 Segregation and use of SDC revenue
33.13 Appeals and procedure
This chapter is intended to implement all of the authority provided by ORS 223.297 through 223.314 adopt and impose system development charges (SDC) on new development that create or increase the demand for public water, waste water treatment, stormwater, transportation, and parks and recreation services and facilities. The purpose of the SDC is to create a fund to pay for the installation, construction, extension and expansion of capital improvements in these public facilities and systems and to impose an equitable share of the cost of these capital improvements on the developments that create the need for, or increase the demand on them.
(Ord. 2019-12-01, passed 1-14-2020)
The SDC created and imposed by this chapter is separate from, and in addition to, any applicable tax, assessment, charge, fee in lieu of assessment, or fee otherwise provided by law or imposed as a condition of development. A SDC is to be considered in the nature of a charge for service rendered, a service hookup charge or a charge for services to be rendered.
(Ord. 2019-12-01, passed 1-14-2020)
For purposes of this chapter, the following definitions apply:
CAPITAL IMPROVEMENTS. 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.
CITY RECORDER. The duly appointed City Recorder of the City of Banks or that person's designee.
DEVELOPMENT. 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 2 or more parcels (including partitions and subdivisions), and creating or terminating a right of access.
IMPROVEMENT FEE. A fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to § 33.04 of this chapter.
LAND AREA. 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 for a public street or scenic or preservation purpose.
PARCEL OF LAND. 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 regulations.
QUALIFIED PUBLIC IMPROVEMENT. A capital improvement that is required as a condition of development approval, identified in the plan adopted pursuant to § 33.08 of this chapter, and is either:
(1) Not located on or contiguous to the property that is the subject of development approval; or
(2) Located in whole or in part on, or contiguous to, the property that is the subject of development approval and is required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related.
REIMBURSEMENT FEE. A fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to § 33.04.
SYSTEMS DEVELOPMENT CHARGE or SDC. A reimbursement fee, an improvement fee or a combination thereof assessed or collected at any of the times specified in § 33.09. 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 requirements or conditions imposed by a land use decision. An SDC imposed under this chapter is also in addition to any connection fees that may be charged for the connection to a public service or facility.
(Ord. 2019-12-01, passed 1-14-2020)
(A) SDCs for each type of capital improvement shall be established and may be revised from time to time by resolution of the Council. The resolution shall set the amount of the charge, the type of permit to which the charge applies, the methodology used to set the amount of the charge, and if the charge applies to a geographic area smaller than the entire city, the geographic area subject to the charge.
(B) Unless otherwise exempted by the provisions of this chapter or any other applicable local or state law, a SDC is hereby imposed upon all development within the city, and upon all development outside the boundary of the city that connects to, or otherwise uses, the water, sanitary sewer, drainage and flood control, transportation or parks and recreation facilities of the city. SDCs shall be due and payable at the point in time at which the development imposes new or increased demand upon these public improvements or upon issuance of a building permit, which ever occurs first.
(Ord. 2019-12-01, passed 1-14-2020)
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