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A. System development charges shall not be expended for costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements.
B. System development charges shall not be expended for costs of the operation or routine maintenance of capital improvements.
A. The system development charge is payable upon issuance of:
1. A building permit; or
2. A permit to connect to the sewer system or stormwater system.
B. If no building or connection permit is required, the system development charge is payable at the time the usage of the capital improvement is increased.
C. If development is commenced or connection is made to the sewer system or stormwater system without an appropriate permit, the system development charge is immediately payable upon the earliest date that a permit was required.
D. The City Treasurer shall collect the applicable system development charge when a permit that allows building or development of a parcel is issued or when a connection to the sewer system or stormwater system of the city is made.
E. The Building Official shall not issue a permit or allow a connection until the charge has been paid in full, or unless an exemption is granted pursuant to § 4.20.120.
A. When, for any reason, the system development charge has not been paid, the City Treasurer shall report to the Council the amount of the uncollected charge, the description of the real property to which the charge is attributable, the date upon which the charge was due, the name of the owner of the subject property and/or the name of the person responsible for incurring the charge, if different from the owner.
B. The City Council shall schedule a public hearing on the matter and direct that notice of the hearing be given to both the owner and the person responsible for incurring the charge, if different from the owner, with a copy of the City Treasurer’s report concerning the unpaid charge. Notice of the hearing shall be given either personally or by certified mail, return receipt requested, or by both personal and mailed notice, and by posting notice on the parcel at least 10 days before the date set for the hearing.
C. At the hearing, the Council may accept, reject or modify the determination of the City Treasurer as set forth in the report. If the Council finds that a system development charge is unpaid or uncollected, it shall direct the City Recorder to docket the unpaid and uncollected system development charge in the lien docket. Upon completion of the docketing, the city shall have a lien against the described land for the full amount of the unpaid charge, together with interest at the then existing legal rate per annum and with the city’s actual cost of serving notice of the hearing on the owners. The lien shall be enforceable in the manner provided in O.R.S. Chapter 223.
A. Structures and uses established and existing on or before October 16, 1991 are exempt from a system development charge, except sewer charges, to the extent of the structure or use then existing and to the extent of the parcel of land as it is constituted on that date. Structures and uses affected by this division shall pay the sewer charges pursuant to the terms of this chapter upon the receipt of a permit to connect to the sewer system.
B. Additions to single-family dwellings that do not constitute the addition of another bedroom are exempt from all portions of the parks system development charge under § 4.20.070.
C. An alteration, addition, replacement or change in use that does not increase the parcel’s or structure’s use of the public improvement facility is exempt from all portions of the system development charge.
D. A project financed by city revenues is exempt from all portions of the system development charge.
E. With City Council approval, housing specifically limited in occupancy to very low income persons or families, as defined by the most recent HUD (Federal Housing and Urban Development Department) criteria.
A. A system development charge shall be imposed when a change of use of a parcel or structure occurs, but credit shall be given for the computed system development charge to the extent that prior structures existed and services were established on or after October 16, 1991. The credit so computed shall not exceed the calculated system development charge. No refund shall be made on account of the credit.
B. A credit shall be given for the cost of a qualified public improvement associated with a residential development. If a qualified public improvement is located partially on and partially off the parcel that is the subject of the residential development approval, the credit shall be given only for the cost of the portion of the improvement not located on or wholly contiguous to the property. The credit provided for by this division shall be only for the improvement fee charged for the type of improvement being constructed and shall not exceed the improvement fee even if the cost of the capital improvement exceeds the applicable improvement fee.
C. Credit shall not be transferable from 1 development to another except in compliance with standards adopted by the City Council.
D. Credit shall not be transferable from 1 type of capital improvement to another.
E. Where a substantial private park and recreational area is provided in a proposed residential development and the space is to be privately owned and maintained by the future residents of the development, partial credit, not to exceed 50%, may be given against the system development charge if the Planning Commission finds that it is in the public interest to do so and that all the following standards are met:
1. That yards, court areas and setbacks required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of the private parkland;
2. That the private ownership and maintenance of the parkland is adequately provided for by recorded written agreement, conveyance or restrictions;
3. That the use of the private parkland is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city or its successor;
4. That the proposed private parkland is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;
5. That facilities proposed for the parkland are in substantial accordance with the provisions of the city master park plan; and
6. a. That the parkland for which credit is given is a minimum of 2 acres and provides a minimum of 3 of the local park basic elements listed below, or a combination of those and other recreational improvements that will meet the specific recreation park needs of the future residents of the area:
Criteria List | Acres |
Children’s play apparatus area | .50-.75 |
Landscape park-like and quiet areas | .50-1.00 |
Family picnic area | .25-.75 |
Game court area | .25-.50 |
Turf play field | 1.00-3.00 |
Recreation center building | .15-.25 |
Swimming pool (42 ft. x 75 ft.) with adjacent deck and lawn area | .25-.50 |
Recreation community gardening | .15-.25 |
b. Before credit is given, the Planning Commission shall make written findings that the above standards are met.
A. All funds derived from a particular type of system development charge are to be segregated by accounting practices from all funds of the city. That portion of the system development charge calculated and collected on account of a specific facility system shall be used for no purpose other than those set forth in § 4.20.060.
B. The City Treasurer shall provide the City Council with an annual accounting, based on the city’s fiscal year, for system development charges showing the total amount of system development charge revenues collected for each type of facility and the projects funded from each account.
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