Chapter 13.45
SYSTEMS DEVELOPMENT CHARGE
Sections:
13.45.040 Systems development charge established.
Prior legislation: Ords. 2037 and 2076.
13.45.010 Purpose.
A systems development charge is imposed for the purpose of creating a source of funds to assist in paying for the installation and construction of increased capacity in public facilities. This charge shall be collected at the time of development of properties that contribute to the need for extra capacity facilities. (Ord. 1927 § 7. Code 1990 § 15-801)
13.45.020 Definitions.
As used in this chapter, the following words and phrases shall mean:
A. “Duplex” means a building arranged, intended or designed for occupancy by two families.
B. “Dwelling unit” means a permanently located building, or residential portion thereof, designed exclusively for residential occupancy, including single-family, duplex, multifamily and mobile homes, but not hotels or motels. An individual dwelling is designed for occupancy by a single family unit. One single-family house is one dwelling unit, a duplex is two dwelling units, a fourplex is four dwelling units, and each apartment within one building is one dwelling unit.
C. “Extra capacity facilities” means improvements to the public facilities of the City that provide increased capacity to serve new or expanded development as distinguished from replacement or restoration of facilities that have or may become worn or obsolete.
D. “Mobile home” means a residential structure, assembled in total or in not more than three sections at a factory, and transported over the road by truck or temporary wheel carriage to its destination.
E. “Multifamily dwelling unit” means a building or residential portion thereof arranged, intended or designed for occupancy by three or more families and commonly referred to as a triplex, fourplex or apartment building. An individual dwelling is designed for occupancy by a single family unit. One fourplex is four dwelling units, and each apartment within one building is one dwelling unit.
F. “Nonresidential uses” includes commercial uses (those business, retail, institutional, governmental, office and/or professional activities which provide products and services to individuals, businesses or groups), industrial uses (those activities which are predominantly engaged in the assembly, finishing, processing, packaging, and/or storage of products), and irrigation systems.
G. “Public facilities” means the waterworks and sewage disposal systems of the City of Gardner.
H. “Residential uses” means a dwelling unit or dwelling units.
I. “Single-family dwelling unit” means a detached building arranged, intended or designed for occupancy by one family.
J. “Systems development charge” means a charge levied on development to provide revenue to finance extra capacity facilities.
K. “Distribution system” means all public water pipes up to and including 12-inch diameter mains. Improvements to the distribution system shall not be considered as extra capacity improvements.
L. “Transmission main” means all public water pipes larger than 12 inches in diameter. Improvements that extend the transmission mains shall be considered extra capacity improvements. (Ord. 2389 § 1; Ord. 2310 § 1; Ord. 1927 § 7. Code 1990 § 15-802)
13.45.030 Meters.
The meters referred to in this chapter, and especially as listed in the charge schedule found in GMC 13.45.040, are displacement type meters. Should a different type of meter be used or allowed by the City, a different charge may be computed based upon the capacity of the meter used. The City shall have the right to establish the minimum meter size and type required. (Ord. 1927 § 7. Code 1990 § 15-803)
13.45.040 Systems development charge established.
A. A systems development charge is imposed upon all persons who are issued a building permit or a permit for connection to the water and/or sewer system, whichever occurs first. Such charge shall be determined by the Governing Body through resolution.
B. The charge for mobile homes shall be collected whenever a mobile home park is platted for additional spaces. (Ord. 2350 § 2; Ord. 1927 § 7. Code 1990 § 15-804)
13.45.050 Payment of charge.
The systems development charge is immediately due and payable upon, and concurrently with, the issuance of a valid building permit or a valid permit for connection to the water or sewer system of the City, whichever occurs first. If building construction is commenced, or a connection is made to the water or sewer system, without the permit prescribed by ordinance, the systems development charge is immediately due and payable as of the earliest date that any such permit was required. The systems development charge shall be collected before issuing any building permit or before permitting any connection to the water or sewer system of the City. If a connection is made to the water or sewer system without the permit prescribed by this chapter, the systems development charge is immediately due and payable as of the earliest date that such permit was required under this chapter and appropriate legal proceedings may be brought as are necessary to collect such charge. (Ord. 1927 § 7. Code 1990 § 15-805)
13.45.060 Exemptions.
The following shall be exempt from the payment of the system development charge:
A. Structures which do not require connection to the water or sanitary sewer system of the City.
B. Structures being altered and which do not require a change of the existing meter size.
C. Structures being rebuilt after being demolished, or destroyed or damaged by fire, or other acts of God, and which do not require the change of the existing meter size.
D. Structures located on land annexed to the City after the effective date of the ordinance codified in this chapter until such time as the structures may be connected to the water and sewer system. Upon such connection, the systems development charge shall be paid as determined by City policy.
E. Separately metered fire sprinkler systems that are used exclusively for fire protection. (Ord. 1927 § 7. Code 1990 § 15-806)
13.45.070 Credits.
For structures being altered, added to, or rebuilt with an increased sized meter, the applicant for a building or a water or sewer connection permit, whichever occurs first, may request a credit in an amount equal to the systems development charge for the applicant’s existing meter. (Ord. 1927 § 7. Code 1990 § 15-807)
13.45.080 Refunds.
If, after the payment of the systems development charge and the issuance of a building permit, no building construction is commenced, the applicant may make application with the City for a refund of the charge. Proper documentation and proof of such fact may be requested as required by the City. (Ord. 1927 § 7. Code 1990 § 15-808)
13.45.090 Use of revenue.
The revenue from the systems development charge shall be placed in a separate account and used only for the cost of extra capacity facilities scheduled for construction or installation under a capital improvement program or for payment of debt due to construction or installation of extra capacity facilities. Design and administrative costs are a part of extra capacity facilities. Once construction or installation is underway or is completed, the design and administrative costs necessary for the work may be paid with the revenue. To provide for the expenditure of the revenue from the systems development charge, the City shall maintain a capital improvement program that shall distinguish the cost of extra capacity facilities from other capital costs. (Ord. 1927 § 7. Code 1990 § 15-809)