(A) Short title. This section may be referred to as the “Fee Ordinance of Shady Cove”.
(1) Collection and distribution of land use application fees.
(a) Fees for land use applications are established and periodically revised to reflect average actual cost, as established through tracking studies.
(b) Twenty-five percent of each developer fee will be retained for administrative costs. Seventy-five percent of every fee will be used to pay for the City Planning Consultant, City Engineer, City Attorney and any actual incurred costs. When city costs exceed the initial fees collected, the city shall invoice the applicant for all additional costs associated with project completion. These costs shall begin accruing at the time of application submittal and include, but not be limited to, publishing of legal notices, postage, recordings and attorney, engineering and planning consultant fees. All money that is owed to the city shall be paid in full before any planning action is finalized by the city.
(2) Land use application fee refunds.
(a) If the city accepts money for a land use application fee, and it is found that the city should not have accepted that application because of a mistake on the part of the city, or the employees representing the city, or if an applicant withdraws his or her application, a refund may be appropriate.
(b) If professional (billable costs to the city) services have been performed, a refund, less those charges, plus a 25% administrative fee, will be deducted from the fee and the balance refunded.
(c) If no professional (billable costs to the city) services have been performed, the full amount of the fee, less an administrative fee equal to 15% of the fee, will be refunded. The administrative fee of 15% will not apply if acceptance of the application was an error on the part of the city, or the employees representing the city.
(3) Collection of fees for administrative services and miscellaneous applications. The fees for administrative services include a charge for time spent by city staff to perform specific services and charge for materials used to complete the service.
(4) Collection of sewer connection fees.
(a) A fee for the physical connection to the wastewater collection system is appropriate to cover the cost of materials, inspection and administration, when done individually (one or two at a time). The connection fee is in addition to the established system development charge.
(b) A connection fee is not appropriate for subdivisions or other developments with multiple connections (three or more) made simultaneously. The material is provided by the developer, inspection is covered by the inspection fee schedule and administrative cost is provided in the administrative overhead component of the land use application fee.
(c) 1. When sewer service is discontinued, whether long or short term, the connection may be maintained through monthly payment of usage fee applicable to the prevailing single dwelling unit.
2. If the current monthly usage fee, for the customer who is discontinuing service, is less than the fee applicable to a single dwelling unit, then their existing rate and any subsequent increase to that rate, will be applicable.
3. It remains the option of the customer to forego the required payment when service is discontinued. However, if payment is not made for a six-month period, the city may disconnect service.
4. When service is disconnected under the foregoing circumstance, reconnection will require payment of the connection fee, as well as the prevailing system development charge.
(5) Service outside city limits.
(a) Persons who apply for connection to the waste water system, for property not located within the city limits, will deposit upon application:
1. The appropriate system development charge and connection fee; and
2. An amount equal to six months, monthly usage fee. If approved, the deposit will be held for 24 months, after which it will be applied to monthly usage.
(b) If the application is approved, the applicant shall:
1. Pay all costs related to the connection, including, but not limited to, extension of the main line and appurtenances, if so determined, by the City Engineer or Public Works Department, engineering costs, surveys, inspections and the like;
2. Pay monthly usage fees equal to one and one-half of the prevailing monthly usage fee for the type of service being connected. The additional one-half will offset debt service paid through property tax for property located within the city limits; and
3. Deed main-line extensions and relative appurtenances to the city, as well as a 20-foot easement over the main-line extension and relative appurtenances.
(c) The City Administrator will have the authority to approve connections to the waste water system, for property located outside the city limits.
(6) Plant unit reservation charge. All reference to plant unit reservation charge (PURC) is superseded by the appropriate systems development charge and sewer connection fee.
(7) Collection of sewer usage fees.
(a) Sewer usage fees are collected to provide for ongoing operations and maintenance as well as to accrue replacement reserve funds.
(b) Any advance payments made by customers will be applied to the current monthly sewer usage fee. However, they do not constitute payment in full if a sewer usage fee increase occurs during the time any unused portion of the advance payment is still reflected on the customer’s account. The customer will pay the full amount of the revised fee.
(8) Suspension of sewer usage fees.
(a) Consideration for the suspension of sewer usage fees may be given if an improvement to the waste water system is removed or destroyed. Written notification is required of the property owner, with confirmation noted by the Public Works Director.
(b) If the conditions, set forth in division (A)(7)(a) above, are met, the City Administrator, or designee, may offer the applicant a choice of one of the following:
1. Suspend payment of monthly usage fees until an improvement is reconnected to the waste water system. At the time of application for reconnection, the appropriate system development charge and connection fee will be applied.
2. Continue payment of monthly usage fees. At the time of application for reconnection, the only charge shall be the appropriate fee for inspection of the connection.
(c) When an improvement for a different use (such as a residence replaced by a business) is reconnected to the waste water system, the appropriate system development charge shall apply, as well as an inspection fee.
(9) Collection of inspection fees.
(a) With city staff, or through direct contract, the city performs inspections of street, sanitary sewer, storm drainage and water line construction, as well as street light and other underground utility placement. A fee schedule is established to offset the cost of those inspections.
(b) Fees for inspection will be charged to the application fee. When inspection fees, along with other appropriate charges, exhaust the application fee, the applicant will be invoiced for the additional inspection fees.
(c) Payment to the city, for inspections, is due within 30 days of the date of invoice. Payments made beyond 30 days will be assessed a penalty of 1.5% of the unpaid balance, compounded monthly.
(d) The final plat will not be approved until all fees and penalties have been paid.
(e) A copy of this section of this section, along with the inspection fee resolution, will be provided to each land use applicant for which street or storm drainage construction, sewer and water main extension or street light and underground utility placement is required.
(f) The City Council shall have the authority to identify public works activities and services, which are not otherwise delineated in current ordinances, and establish fees for the services, from time to time, by resolution.
(10) Public works activities.
(a) Fees authorized.
1. Fees for public works activities and services are hereby authorized.
2. The appropriate fees will be established and revised, as required, by resolution.
(b) Charges for public works labor.
1. The hourly rate for public works employees will be fully burdened with all overhead costs.
2. The hourly rate for public works employees will be revised annually, to reflect cost identified in the most current budget.
(B) Fee adoption by resolution. The amount of each fee shall be adopted by Council resolution. Changes in the amounts shall also be adopted by resolution, including those changes resulting solely from inflationary cost impacts.
(Ord. 155, passed 4-16-1998; Ord. 182, passed 12-2-1999; Ord. 189, passed 5-18-2000; Ord. 196, passed 1-18-2001; Ord. 200, passed 3-21-2002; Ord. 208, passed 5-1-2003)