Chapter 4.07
STORM DRAINAGE CHARGES

Sections:

4.07.010    Definitions.

4.07.020    Systems Development Charge Imposed.

4.07.030    Method of Computation.

4.07.040    Systems Development Charge in Lieu of On-Site Storm Water Quality and Quantity Control Facilities.

4.07.050    Lien for Unpaid Charges.

4.07.060    Credit for Qualified Public Improvement.

4.07.070    Exempt Property.

4.07.080    Storm Water Conveyance Systems Development Charge Established.

4.07.085    Methodology.

4.07.090    Credit for Qualified Improvement.

[Note: Pursuant to Ordinance No. 3787, passed 9/9/91, the Council suspends indefinitely the imposition of the systems development charge for offsite storm drainage now provided for in BC 4.07.020, 4.07.030 and 4.07.060 as to all development or redevelopment otherwise subject to that charge and for which a building permit application first was submitted to the City on or after July 1, 1991.]

4.07.010 Definitions.

The following definitions apply to sections 4.07.010 through 4.07.090 of this code:

A. Dwelling Unit (DU), Multiple Dwelling Unit (MDU), Equivalent Dwelling Unit (EDU), Commercial Unit, Impervious Surface and Property have the meanings assigned to those terms in BC 4.06.010 of this Code (added by Ordinance No. [3687]).

B. Building Permit – any permit issued by the City under auspices of Chapter 8 of this Code.

C. Development – the first use of property by occupancy with a structure or the placing of pavement or other impervious surface on property not already occupied by a structure.

D. Redevelopment – an intensified use of property resulting in a greater impervious surface area on the property than existed prior to such redevelopment. [BC 4.07.010, added by Ordinance No. 3686, 7/17/89; amended by Ordinance No. 3910, 8/22/94]

4.07.020 Systems Development Charge Imposed.

[BC 4.07.020, added by Ordinance No. 3686, 7/17/89; amended by Ordinance No. 3758, 11/19/90; repealed by Ordinance No. 3933, 6/26/95]

4.07.030 Method of Computation.

[BC 4.07.030, added by Ordinance No 3686, 7/17/89; amended by Ordinance No. 3758, 11/19/90; repealed by Ordinance No. 3933, 6/26/95]

4.07.040 Systems Development Charge in Lieu of On-Site Storm Water Quality and Quantity Control Facilities.

A. On all development or redevelopment of property for which the City Engineer determines construction of on site storm water detention quality or quantity control facilities to be not required by or expressly excepted from the Unified Sewerage Agency’s standards, there is imposed a systems development charge in lieu of construction of either or both such facilities by the developer.

B. The Council adopts the methodology of the Unified Sewerage Agency of Washington County as is set out in the cost analysis by Brown and Caldwell dated June 5, 1991, on file with the City Recorder, and finds that the amount of $238/EDU for quality control and $291/EDU for quantity control facilities represent a fair and reasonable charge for improvements to be constructed by the City.

C. A person who constructs on site storm water quality or quantity control detention facilities or both shall not thereby be entitled to a credit against any other systems development charge otherwise due for the act of development or redevelopment.

D. The Council authorizes the Mayor in his discretion to accept real property rights having an appraised fair market value equal to or greater than the fee(s) in lieu of on site construction of storm water quality or quantity control detention facilities, in place of the fee(s) for same otherwise due from the act of development or redevelopment. [BC 4.07.040, added by Ordinance No. 3758, 11/19/90; amended by Ordinance No. 3787(6), 9/9/91]

4.07.050 Lien for Unpaid Charges.

There hereby is imposed a lien upon all property within the City for which the property’s owner or the owner’s agent with authority has applied for permission to develop and redevelop and for which the charges for storm drainage imposed by this ordinance, as amended from time to time, are payable in installments under the Bancroft Bonding Act, per ORS 223.208 (1989 version), and are delinquent. In such case the Council declares that the City’s lien for the delinquent payments shall constitute a first lien on the property, prior and superior to any and all other liens. In all other cases the charges shall constitute a joint and several personal obligation and liability of the applicant and of the person on whose behalf a permit for development or redevelopment is sought. Nothing in this section is intended to limit or deny any and all other remedies that may be available to the City for collection of those charges. [BC 4.07.050, added by Ordinance No. 3686, 7/17/89; amended by Ordinance No. 3758, 11/19/90]

4.07.060 Credit for Qualified Public Improvement.

On application from a person subject to the systems development charge imposed by this ordinance, the council shall allow a credit against the charge for the construction of a qualified public improvement. For purposes of this section, a “qualified public improvement” means one that is required as a condition of residential development approval, identified in the City’s capital improvement plan for storm drainage, and not located on or contiguous to property that is the subject of residential development approval. [BC 4.07.060, added by Ordinance No. 3686, 7/17/89]

4.07.070 Exempt Property.

The systems development charge imposed by this ordinance shall not apply to property owned by the City, nor to other improved property to the extent of the impervious surface area of same for which a building permit has been issued and which exists on or before the effective date of this ordinance. [BC 4.07.070 added by Ordinance No. 3686, 7/17/89]

4.07.080 Storm Water Conveyance Systems Development Charge Established.

There is imposed on the act of development or redevelopment of property in the city a systems development charge for storm water conveyance, due and payable at the time of application for a building permit for that (re)development. [BC 4.07.080, added by Ordinance No. 3910, 8/22/94]

4.07.085 Methodology.

The Council adopts that certain methodology for computation of a storm water conveyance systems development charge as is set out in the report by Economic and Engineering Services dated June 2, 2000. The charge shall consist of an Improvement Fee of $726, that amount reflecting the Engineering News Record Construction Cost Index for the period September 1994 to January 1999. Effective February 1, 2003, the charge shall consist of an Improvement Fee reflecting the increase in the same index for the period February 1999 to December 2002. Effective February 1, 2004, and on February 1 of each calendar year thereafter, the SDC shall be increased to reflect the total increase in the same index for the preceding calendar year. The Council from time to time may adopt a new methodology and impose a new improvement or reimbursement fee or both for a storm water conveyance systems development charge by amendment to this ordinance. [BC 4.07.085, added by Ordinance No. 3910, 8/22/94; amended by Ordinance No. 4195(2), 2/4/02]

4.07.090 Credit for Qualified Improvement.

The Council may grant credits against the storm water conveyance systems development charge imposed by this ordinance for qualified public improvements as defined in ORS 223.304 on certification by the city engineer that the improvement(s) qualify for that credit. [BC 4.07.090, added by Ordinance No. 3910, 8/22/94]