The conditions under which all or part of the systems development charges imposed in § 50.18 of this subchapter may be waived are as follows.
(A) If the development occurred prior to September 1, 1997, a credit shall be given for the amount of water and sanitary sewer (wastewater) system charges previously paid, which shall be applied to the systems development charges owed hereunder. After July 1, 2001, this credit will expire in accordance with state law (O.R.S. 223.304).
(B) Housing for low-income or elderly persons which is exempt from real property taxes under state law.
(Ord. 264, passed 8-19-2003)
Editor’s note:
There are only subdivisions (a) and (b) under O.R.S. 223.304(4), as follows:
(4) The ordinance or resolution that establishes or modifies an improvement fee shall also provide for a credit against such fee for the construction of a qualified public improvement. A “qualified public improvement” means a capital improvement that is required as a condition of development approval, identified in the plan and list adopted pursuant to O.R.S. 223.309, and either:
(a) Not located on or contiguous to property that is the subject of development approval; or
(b) 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.