(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVELOPMENT. Any addition or modification of a housing, commercial, or industrial use requiring the construction, alteration, modification, removal, or installation of an improvement.
DEVELOPMENT REQUEST. Any development application, petition, or similar inquiry requiring regulatory review by the city.
IMPROVEMENT. Any new or modified fixture or capital improvement located on public or private property (or property dedicated to the public) and capable of being connected to city owned or maintained storm water, sanitary sewer, streets, lighting, rights-of-way, or water facilities.
PERSON. Any natural person, corporation, partnership, unincorporated association, limited liability partnership, limited liability corporation, or other entity capable of owning property.
REGULATORY REVIEW. Any review work involving the design, site, plan, or other material provided by a person with a development request that involves review performed by the city, its engineer, planner, attorney, or other consultant and agents.
(B) Regulatory review fee.
(1) A regulatory review fee is hereby established in the city to cover all costs associated with review work performed by or on behalf of the city when it receives a development request. The regulatory review fee shall be as follows:
(a) A sum in an amount that shall be determined by the City Council for residential construction of one to four residential units; and
(b) For all other development, the sum of 5% of the city’s estimate of the development’s value.
(2) The regulatory review fee shall be due and payable at the time the development request is received by the city. The city may allow payment of said fee by a cash escrow, bond, irrevocable standby letter of credit, or other similar financial security. The selection of the financial device and the amount thereof shall be in the sole discretion of the City Recorder. Until and unless the appropriate sums and financial security are provided, no development review shall be deemed complete for any purposes.
(3) The city may require, in addition to the payment of the minimum fee and the provision of financial security, that the person requesting regulatory review sign a promissory note or other document acknowledging their agreement as to their responsibility for the costs associated with regulatory review. In any event, the person requesting regulatory review of a development shall remain personally liable for any and all costs associated with the regulatory review of the development.
(4) Costs of regulatory review may be made an “assessment lien” for purposes of priority as provided for in O.R.S. 87.392 on the real property affected by the development.
(Ord. 728, passed 5-9-2016)