For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. The owner or other person who applies for a residential, commercial, industrial or other connection to the city’s water supply system or sanitary sewer system.
BUILDING. Any structure, either temporary or permanent, built for the support, shelter or enclosure of persons or property of any kind and for any public, commercial, industrial or other use. This term shall not include temporary construction sheds or trailers erected to assist in construction and maintain during the term of a building permit.
CAPITAL IMPROVEMENTS. Public facilities or assets used for:
(1) Wastewater collection, transmission, treatment and disposal or any combination;
(2) Water supply, treatment, distribution, storage, metering, fire protection or any combination;
(3) Drainage and flood control;
(4) Transportation facilities including vehicle and pedestrian; and
(5) Parks and recreation.
CITIZEN OR OTHER INTERESTED PERSON. Any person whose legal residence is within the service area of the city, as evidenced by registration as a voter within the city, or by other proof of residency; or a person who owns, occupies or otherwise has an interest in real property which is located within the city service area; or a person who owns, occupies or otherwise has an interest in real property which is served by the city’s water supply system or sanitary sewer systems; or is otherwise subject to the imposition of systems development charges, as outlined in § 34.05.
CITY. The City of Myrtle Point.
DEVELOPMENT. All improvements on a site, including buildings, other structures, parking and loading areas, landscaping, paved or graveled areas, and areas devoted to exterior display, storage or activities. DEVELOPMENT includes redevelopment of property, dividing of land into two or more parcels and creating or termination of a right of access. DEVELOPMENT includes improved open areas such as plazas and walkways but does not include natural geologic forms or unimproved lands. DEVELOPMENT also includes making any physical change in the use of a structure or land which increases the usage of any capital improvements or which may contribute to the need for additional or enlarged capital improvements, as determined by city.
EQUIVALENT DWELLING UNIT or EDU. The base element of the formula by which systems development charge rates are determined for various buildings or developments, based on meter size for water service and based on the contribution of sewage from a residential dwelling unit, for sanitary sewer service.
IMPROVEMENT FEE. A fee as defined by ORS 223.299(2) for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to § 34.05.
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 for a public scenic or preservation purpose.
METHODOLOGY. The system development charge methodology required by ORS 223.304(1) and (2).
OWNER. The owner or owners of record title or the purchaser(s) under a recorded land sales agreement and other persons having an interest of record in the described real property.
PARCEL OF LAND. A lot, parcel, block or other tract of land that, in accordance with county regulations, 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 and other development ordinances.
PERMITTEE. The person to whom a building permit, development permit, a permit or plan approval to connect to the sewer system or right-of-way access permit is issued.
QUALIFIED PUBLIC IMPROVEMENT.
(1) A capital improvement that is:
(a) Required as a condition of development approval; and
(b) Identified in the plan as adopted pursuant to § 34.09 and not located on or contiguous to a parcel of land this is the subject of the development approval or 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.
(2) For the purposes of this definition,
CONTIGUOUS includes improvements to, located in, a public way that abuts the parcel.
REIMBURSEMENT FEE. A fee defined by ORS 223.299(3) for costs associated with capital improvements constructed or under construction on the date the fee is established pursuant to § 34.05, and for which the city determines that capacity exists.
SYSTEM DEVELOPMENT CHARGE. A reimbursement fee, an improvement fee or a combination thereof assessed or collected at the time of increased usage of a capital improvement, at the time of issuance of a development permit or building permit, or at the time of connection to the capital improvement.
(1) SYSTEM DEVELOPMENT CHARGE includes the portion of a sewer system connection that is greater than the amount necessary to reimburse the city for its average cost of inspecting and installing connections with sewer facilities.
(2) A
SYSTEM 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.
(Ord. 1247, passed 3-6-2007)