(A) The methodology used to establish or modify a reimbursement fee shall consider the cost of the existing assets or facilities, prior contributions by existing users, gifts, or grants from federal or state government or private persons, the value of unused capacity available to future system users, rate-making principles employed to finance publicly-owned capital improvements and other relevant factor’s identified by the local government imposing the fee. The methodology for establishing or modifying a reimbursement fee shall promote the objective of future system users contributing no more than an equitable share to the cost of existing facilities.
(B) The methodology used to establish or modify an improvement fee shall consider the cost of projected capital improvements needed to increase the capacity of the system to which the fee is related and shall provide for a credit against the improvement fee for construction of any qualified public improvement in the respective capital improvement plan. The methodology for establishing or modifying an improvement fee 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 also provide for a credit as authorized in § 50.23 of this subchapter.
(D) Except when authorized in the methodology adopted under division (A) above, the fees required by this subchapter 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 methodologies used to establish or modify the systems development charge shall be adopted by resolution of the City Council following a public hearing. The systems development charge may be adopted and amended concurrent with the establishment of modification of the systems development methodology. The city field superintendent shall periodically review the methodologies established under this section and shall recommend amendments to the City Council, if and as needed.
(F) The methodologies may include, as part of the cost of the qualified capital improvements in the capital improvement plan, the costs of complying with the provisions of O.R.S. 223.297 through 223.314 and of this subchapter, including the cost, of development of systems development charge methodologies, and accountings of systems development charge expenditures.
(G) The formulas and calculations used to compute specific systems development charges are based upon averages and typical conditions. Whenever the impact of individual developments present special or unique situations such that the calculated fee is grossly disproportionate to the actual impact of the development, alternative fee calculations may be approved or required by the city field superintendent under administrative procedures prescribed by the City Council. All data submitted to support alternate calculations under this provision shall be site specific. Major or unique developments may require special analysis to determine alternatives to the standard methodology.
(Ord. 264, passed 8-19-2003)