Chapter 13.45
SYSTEM DEVELOPMENT CHARGES
Sections:
13.45.080 Drainage and flood control.
13.45.110 Credits for development.
13.45.130 Collection of charge.
13.45.140 Segregation and use of revenue.
13.45.180 Interpretation – Severability – Errors.
13.45.010 Findings.
The findings in the ordinance codified in this chapter are hereby adopted. [Ord. 24-899 § 1, 2024]
13.45.020 Short title.
This chapter will be known as the “City of Burns System Development Charge Ordinance” and will be cited and referred to herein as this “chapter.” [Ord. 24-899 § 2, 2024]
13.45.030 Definitions.
Unless the context requires otherwise, when used in this chapter the following terms and phrases have the meanings assigned to them below, whether or not such terms are capitalized:
“Active use of property” means day-to-day residential, commercial, industrial, and/or institutional use as defined under city’s land development ordinances.
“Biochemical oxygen demand” or “BOD” means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in milligrams per liter (mg/L).
“Capital improvement(s)” means facilities or assets used for the following purposes: (a) water supply, treatment, and/or distribution; (b) wastewater collection, transmission, treatment, and/or disposal; (c) drainage and flood control; (d) transportation; and/or (e) parks and recreation.
“Chemical oxygen demand” or “COD” means the quantity of oxygen utilized in the reduction of wastewater utilizing a strong chemical oxidant under standard laboratory procedure. When wastewater contains only readily oxidizable organic material and not material that is toxic to bacteria, COD test results are a good estimate of BOD values.
“City manager” means city’s then-employed city manager (or his or her designee).
“Council” means the then-elected or appointed Burns city council.
“Development” means any construction of improvements on a site, including, without limitation, buildings, structures, parking and loading areas, landscaping, paved or graveled areas, and water and sewer fixtures; for purposes of this chapter, the term “development” includes redevelopment of property requiring a building permit and/or initiation of a new use or a change of use on a property even if no improvements are constructed.
“Equivalent dwelling unit” or “EDU” means a unit of value representing the demand or load placed upon a city system, based upon the average load placed upon such system by one single-family residence of average size within city. City may, from time to time, further and more specifically determine the EDUs for particular uses and for a particular city system within this chapter or by council resolution.
“Impervious surface(s)” means surfaces which impede the normal percolation of rainwater into the soil and cause runoff of rainwater at a higher rate than would be expected from the natural state of the existing soils. Impervious surfaces include, without limitation, concrete, asphalt, stone, tile, roofing, awnings, and/or other materials not native to the site.
“Improvement fee” means a fee for costs associated with capital improvements to be constructed after the date the fee is adopted.
“Land area” means the area of a parcel of land as measured by projection of the parcel boundaries on a horizontal plane with the exception of a portion of the parcel within a recorded right-of-way, an easement for a street accessible by the public, and/or an easement for scenic or preservation purposes.
“Minimum facility size” means the minimum standard facility size or capacity which, if not otherwise specified in a capital facilities plan, capital improvement plan, master plan, and/or similar such document, will be that facility size or capacity as determined by the public works director.
“Owner” means the owner(s) of record title, the purchaser(s) under a recorded sales agreement, and/or all other persons having an interest of record in the described real property.
“Parcel of land” means a lot, parcel, block, and/or other tract of land that is occupied or may be occupied by a structure or structures and/or other use, and that includes the yards and other open spaces required under the applicable zoning, subdivision, and/or other development ordinances.
“Park(s)” means areas and facilities reserved for public enjoyment, recreation, and/or preservation of wildlife or open space. For purposes of this chapter, the term “parks” includes, without limitation, developed recreation areas, undeveloped or natural areas which provide some measure of recreation open space and/or diversion from the urban environment.
“Permittee” means the person to whom a building permit, development permit, a permit or plan approval to connect to the sewer or water system, and/or right-of-way access permit has been issued.
“Person(s)” means any natural person, corporation, limited liability company, partnership, joint venture, firm, association, trust, unincorporated organization, government or governmental agency, political subdivision, and/or any other entity.
“Public facilities plan” means the public facilities improvement plan that is required as a condition of development approval, identified in the capital plan adopted for such facilities pursuant to ORS 223.309, that includes a list of the capital improvements that the local government intends to fund, in whole or in part, with revenues from an improvement fee and the estimated cost, timing and percentage of costs eligible to be funded with revenues from the improvement fee for each improvement.
“Public works director” means city’s then-employed public works director (or his or her designee).
“Qualified public improvement(s)” means a capital improvement that is required as a condition of development approval, identified in the capital plan adopted for such facilities and list adopted pursuant to ORS 223.309 and either (a) not located on or contiguous to a parcel of land that is the subject of the development approval, or (b) 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. For purposes of this definition, the term “contiguous” includes improvements within a right-of-way that abuts the parcel.
“Reimbursement fee” means a fee for costs associated with capital improvements already constructed, or under construction when the fee is established, for which city determines that capacity exists.
“Residential drainage equivalent” or “RDE” means a unit of measure relating to the average area of impervious surface found in conjunction with a single-family residence on a residential lot.
“Suspended solids” means the total suspended matter that floats on the surface of, or is suspended in water, wastewater, and/or other liquids, and which is removable by laboratory filtering.
“System development charge(s)” or “SDC(s)” means charges imposed by city to help mitigate the effects of stress, loading, and/or demand placed by new development upon city systems or services. “System development charge(s)” refers to a reimbursement fee, an improvement fee, and/or 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. “System development charge(s)” includes that portion of a sewer or water system connection charge that is greater than the amount necessary to reimburse city for its average cost of inspecting and installing connections with water and sewer facilities. “System development charge(s)” does not include fees assessed or collected as part of a local improvement district, a charge in lieu of a local improvement district assessment, and/or the cost of complying with requirements of conditions imposed by a land use decision.
“Transportation system plan” is city’s long-range planning document that describes city’s transportation system and outlines projects, programs, and policies to meet city’s transportation needs now and 20 years in the future based on community aspirations. Without otherwise limiting the generality of the immediately preceding, the transportation system plan contains, without limitation, the following discussions or descriptions: (a) community goals and projections for population and employment; (b) city’s projects, programs, and policies to meet current and future transportation system needs (and may cover various modes, including transit, cycling, walking, and freight); and (c) building, operation, and support of city’s road network, trails, highways, and railroads.
“Wastewater capital improvement plan” means city’s planning document which identifies the necessary or appropriate capital improvements or infrastructure that must be in place to efficiently sewer the area. [Ord. 24-899 § 3, 2024]
13.45.040 Purpose and policy.
(1) The purpose of this chapter is to provide for the equitable apportionment of costs of impacts to city systems and facilities that result from new development within city.
(2) This chapter addresses costs associated with demands placed upon the (a) water supply, treatment, and distribution system, (b) wastewater collection, transmission, treatment, and disposal system, (c) drainage and flood control, (d) transportation, and (e) park and recreation facilities.
(3) All assessed, collected, and disbursed SDCs will be based upon a capital improvement plan for the applicable facilities, and will be determined according to the provisions of this chapter. A capital improvement plan for each facility type will be reviewed and amended from time to time as conditions may dictate.
(4) All SDCs and SDC credits for construction of a qualified public improvement will be established from time to time by council resolution, and will not exceed, but may be less than, the actual cost apportioned to providing the capital improvements according to the methods set forth in this chapter or council resolution. Notwithstanding anything contained in this chapter to the contrary, the methodology used to establish and/or modify an SDC improvement fee or SDC reimbursement fee, or both, will be contained in a resolution adopted by the council. SDCs may be applied for remediation of existing deficiencies, repayment of existing debt, providing for future needs, and/or as otherwise permitted under ORS Chapter 223. [Ord. 24-899 § 4, 2024]
13.45.050 Scope.
Unless exempt, SDCs for water, wastewater, stormwater, transportation, and park and recreation are imposed on all development within city. Unless exempt, SDCs for water and/or wastewater are also imposed on all development outside city that connects to city’s water and/or sewer facilities. No person may connect to city’s transportation, water, and/or sewer system or obtain a building permit or certificate of occupancy unless (1) the applicable SDCs have been paid, (2) an applicable installment payment method has been applied for, approved, and the first payment made, or (3) an applicable payment deferment agreement has been applied for and approved by city. SDCs imposed by this chapter are separate from and in addition to any applicable tax, assessment, charge, and/or fee otherwise provided by law and/or imposed as a condition of development. [Ord. 24-899 § 5, 2024]
13.45.060 Water.
(1) The council may, from time to time, establish by resolution water SDCs based upon the demand placed on the water system for new development to provide adequate facilities for water treatment, storage, supply, and distribution necessary to accommodate the development. Such improvements may include, without limitation, replacement or enlargement of mains, construction or enlargement of storage facilities, addition or replacement of fire hydrants, providing necessary treatment facilities, and/or construction, improvement, or acquisition of sources of supply.
(2) Where water SDCs are apportioned to new development, such SDCs will be based on the expected EDU demand on the system where such demand is determined by the rated capacity of a standard residential meter of 20 gallons of water per minute. Water SDCs will be based on the flow demand of the development proportional to the costs of systems improvements relative to the existing or projected system demands. Therefore, one water EDU equals 20 gallons per minute capacity and SDCs for water will be based on the rated or design flows of the proposed development according to the projected EDUs. Each 20-gallon per minute potential demand equals one EDU and each fraction thereof will be rounded up to one EDU.
(3) For convenience, the council may establish a schedule for determining EDUs for common uses based on experience with those uses. This schedule will be established by council resolution and may be amended from time to time as conditions warrant but will not preclude setting EDUs according to actual water use when there are unusual circumstances and/or when it would be in city’s best interest to do so.
(4) All assessed, collected, and disbursed water SDCs will be based upon the public facilities plan or water capital improvement plan for such facilities. [Ord. 24-899 § 6, 2024]
13.45.070 Wastewater.
(1) The council may, from time to time, establish by resolution wastewater (sewer) SDCs based on the expected impact to the wastewater system from new development, and to provide for capital improvements to the wastewater collection, transmission, treatment, and disposal systems. Such improvements may include, without limitation, replacement or enlargement of mains, enlargement, expansion, and/or improvement of treatment facilities, increases in pumping capacity, increased and/or improved storage capacity, improvements of transmission facilities, and/or improvement, enlargement, and/or enhancement of disposal facilities.
(2) When SDCs for wastewater facilities are assessed to new development, such SDCs will be based on the expected EDU demand to the wastewater system. When determining the EDU impact on the system, criteria will be considered, including, without limitation, the following: total daily flow, BOD concentration, COD concentration, suspended solids concentration, and potential or actual toxicity of the expected discharge. For general purposes, one EDU assumes 360.5 gallons per day at a BOD loading of 200 milligrams per liter and a suspended solids loading of 216 milligrams per liter. For industrial users, the average between the COD concentration and BOD concentration may be used for factoring the EDU.
(3) For convenience, the council may establish a schedule for determining EDUs for common uses based on experience with those uses. This schedule will be established by council resolution and may be amended from time to time as conditions warrant but will not preclude setting EDUs according to actual wastewater discharges when there are unusual circumstances and/or when it would be in city’s best interest to do so.
(4) All assessed, collected, and disbursed wastewater SDCs will be based on a public facilities plan or wastewater capital improvement plan for such facilities. [Ord. 24-899 § 7, 2024]
13.45.080 Drainage and flood control.
(1) The council may, from time to time, establish by resolution SDCs for drainage and/or flood control.
(2) Apportionment of SDCs for drainage and/or flood control will be based on the square footage of impervious surfaces proposed for any new construction, relative to the costs of providing drainage or flood control as may be established in the storm drainage capital improvement plan or public facilities plan.
(3) Each 3,000 square feet of impervious surface within a proposed development will be considered one RDE.
(4) Where on-site drainage disposal is to be constructed along with a development, the RDE may be reduced proportional to the expected effectiveness of the on-site drainage. In no case will the credit for on-site disposal exceed 90 percent of the RDE for the development. [Ord. 24-899 § 8, 2024]
13.45.090 Transportation.
(1) The council may, from time to time, establish by resolution SDCs for transportation facilities according to the expected impact of new development on the transportation system. SDCs for transportation facilities may be applied to facilities, including, without limitation, road improvements, mass transit facilities, bicycle trails or facilities, and pedestrian facilities as defined and identified in the public facilities plan or transportation system plan.
(2) SDCs for transportation will be assessed to a proposed development based on the relative impact of the development on the transportation system against the costs described in the public facilities plan or transportation system plan. The criteria used when assessing impacts may include, without limitation, expected trip generation, parking spaces provided, and/or other reasonable methods.
(3) For convenience, the council may establish a schedule for determining transportation impacts for typical uses based on experience with those uses. This schedule will be established by council resolution and may be amended from time to time as conditions warrant but will not preclude establishing impacts according to actual impacts when there are unusual circumstances and/or when it would be in city’s best interest to do so. [Ord. 24-899 § 9, 2024]
13.45.100 Parks.
(1) The council may, from time to time, establish by resolution SDCs for the development and improvement of parks based on the recognized need to provide adequate levels of parks to support the population. Such improvements may include, without limitation, land acquisition, park improvements, recreation equipment, development of trails, and building construction.
(2) Where SDCs are assessed to new development for parks, such SDCs will be based on the expected demand for parks and recreation facilities according to the population increase resulting from the project with respect to the ratio of park costs to population.
(3) Costs identified in the public facilities improvement plan or park and recreation facilities plan will be used to compute park SDCs. The demand for park and recreation facilities may be expressed in EDUs, where an EDU would be the equivalent of park demand for one single-family dwelling. The needs and costs for park and recreation facilities divided by the population of city may be used as a basis for determining the cost per EDU for parks system development.
(4) For convenience, the council may establish a schedule for determining park impacts for typical uses based on experience with those uses. This schedule will be established by council resolution and may be amended from time to time as conditions warrant but will not preclude establishing impacts according to actual impacts when there are unusual circumstances and/or when it would be in city’s best interest to do so. [Ord. 24-899 § 10, 2024]
13.45.110 Credits for development.
(1) City will provide a credit against the improvement fee portion of a particular SDC for the construction of a qualified public improvement related to the particular SDC.
(2) The credit provided for in subsection (1) of this section is only for the improvement fee portion of the applicable SDCs based on the type of improvement being constructed (i.e., water related project for credit to water SDCs), and credit for qualified public improvements may be granted only for the cost of that portion of such improvement that exceeds city’s minimum standard facility size or capacity needed to serve the particular development project or property. The applicant has the burden of demonstrating that a particular improvement qualifies for credit under this section. City may deny the credit provided in this section if city demonstrates the following:
(a) The application does not meet the requirements of subsection (1) of this section, including, without limitation, the definition of a qualified public improvement; or
(b) By reference to the list adopted pursuant to ORS 223.309, that the improvement for which credit is sought was not included in the plan and list adopted pursuant to ORS 223.309.
(3) A developer may utilize excess SDC credits on future phases of the same development. City will not allow for the transfer of credits to other projects or properties. City may, from time to time, adopt by resolution the requirements and credit policy practices particular and/or unique to each city system.
(4) City may provide an SDC credit for any active use of the property during the 20 years immediately prior to the filing of the building permit application for new development. No SDC credit will be provided under this section if there has been no active use of the property within the last 20 years. The credit will be based on the active use of the property with the greatest demand on city systems within the last 20 years from the date of the filing of the building permit application. The applicant will have the burden of substantiating any prior active use of property pursuant to the provisions of this section. The public works director will make the final determination of any credit given for prior active use of property pursuant to the provisions of this section.
(5) If a new use or change in use results in less demand on the system than the credit provided under subsection (4) of this section, no SDC refunds will be given and any unused credits will not be transferable to other properties or projects. [Ord. 24-899 § 11, 2024]
13.45.120 Exemptions.
(1) A project financed by city revenues is exempt from all portions of the SDC.
(2) Sidewalks constructed on city rights-of-way and required as a condition of development will not be included in calculating impervious surfaces for drainage impact SDCs. Such constructed sidewalks will not be subject to credits for transportation SDCs.
(3) Temporary Use/Temporary Change of Use. SDCs are not required for a temporary use or temporary change of use, subject to the following terms and conditions:
(a) The temporary use/temporary change of use cannot exceed 24 months;
(b) There can be no permanent additional structure(s) or structural changes to an existing structure that significantly alter the nature of the use such as installation of a drive-up window. Interior modifications (e.g., installing office walls and doors) are not considered structural modifications for the purpose of defining a temporary use or temporary change of use;
(c) The property owner must obtain all applicable land use approvals for the temporary use/temporary change of use;
(d) The temporary use/temporary change of use cannot add more than 30 peak hour trips or increase peak hour trips by more than 33 percent above that already approved for the existing improvement and use, whichever is less;
(e) There can be only one “temporary use” or “temporary change of use” exemption for a property in any five-year period;
(f) Multiple temporary uses and/or temporary changes of use at the same time are not allowed; and
(g) The property owner must enter into an agreement satisfactory to city to memorialize the terms of this exemption, which agreement (or a memorandum thereof) will be recorded against the property at the property owner’s expense.
(4) The council may, from time to time, categorically and/or conditionally exempt by resolution a portion of SDCs for housing development where the developer or property owner agrees to record a deed restriction (and/or such other instrument(s) city deems necessary to preserve, protect, and perfect city’s interest) to maintain the property as affordable housing for minimum periods established within the applicable resolution. For purposes of this section, affordable housing is defined as the following:
(a) Rental housing that is affordable for households with an income at or below 80 percent of the area median income (“AMI”) as determined by the State Housing Council based on information from the United States Department of Housing and Urban Development;
(b) Owner-occupied or lease-to-purchase housing for households with an income at or below 80 percent of the AMI as determined by the State Housing Council based on information from the United States Department of Housing and Urban Development; and/or
(c) Homeless shelters.
(5) Residential Development Exemptions. To encourage and facilitate housing development within city, the council may, from time to time, categorically or conditionally exempt by resolution a portion of SDCs for certain residential housing development. Without otherwise limiting the generality of the immediately preceding sentence, the council may distinguish SDC exemption amounts based on the type of residential development and/or the sale price of certain types of residential development. Exemptions under this section will be subject to any eligibility requirements and/or conditions that the council determines necessary and/or appropriate.
(6) The council may, from time to time, categorically or conditionally exempt by resolution a portion of SDCs for nonresidential development where the nonresidential development achieves target levels of job creation established within the resolution. Exemptions under this section will be subject to any eligibility requirements and/or conditions that the council determines necessary and/or appropriate.
(7) The council may, from time to time, categorically or conditionally exempt by resolution a portion of SDCs for development connected to state or federal grants that fund significant infrastructure projects. Exemptions under this section will be subject to any eligibility requirements and/or conditions that the council determines necessary and/or appropriate. [Ord. 24-899 § 12, 2024]
13.45.130 Collection of charge.
(1) Except as otherwise provided in an SDC deferred payment agreement entered into pursuant to subsection (3) of this section or SDC installment payment agreement entered into pursuant to subsection (4) of this section, all SDCs are payable upon the earliest to occur of issuance of the following:
(a) A building permit;
(b) A development permit for development not requiring issuance of a building permit;
(c) A permit or approval to connect to the water system;
(d) A permit or approval to connect to the sewer system; and/or
(e) A right-of-way access permit.
(2) Notwithstanding subsection (1) of this section, if no building, development, and/or connection permit is required, SDCs will be payable on the initiation of use, a change of a use, and/or construction of any improvement that creates additional demand on any capital improvement.
(3) Subject to the availability of city resources, the city manager may enter into an “SDC deferred payment agreement” subject to the following terms and conditions:
(a) Unless a different period is specified through council resolution, the deferment will not exceed one year, issuance of a final certificate of occupancy, actual occupancy, or initiation of use, whichever occurs first;
(b) The amount owed will accrue interest at a reasonable rate determined by the city manager;
(c) The city manager may (i) include any additional terms and conditions, including, without limitation, posting of appropriate security, as may be in city’s best interests, and/or (ii) require such trust deeds, security agreements, assignments, UCC financing statements, subordination agreements, guarantees, documents, and/or instruments city may reasonably require to effectuate the SDC deferral and/or preserve, protect, and perfect city’s interests;
(d) The city manager may adopt additional rules and application forms for the implementation of any deferral program; and
(e) The applicant will pay all costs and expenses incurred by city to prepare and execute the SDC deferred payment agreement, including, without limitation, all attorney fees and recording fees.
(4) Subject to the availability of city resources, the city manager may enter into an “SDC installment payment agreement” subject to the following terms and conditions:
(a) The payment term will not exceed five years;
(b) The amount owed will accrue interest at a reasonable rate determined by the city manager;
(c) The city manager may (i) include any additional terms and conditions, including, without limitation, posting of appropriate security, as may be in city’s interest, and/or (ii) require such other trust deeds, security agreements, assignments, UCC financing statements, subordination agreements, guarantees, documents, and/or instruments city may reasonably require to effectuate the SDC installment payment and/or preserve, protect, and perfect city’s interests;
(d) The city manager may adopt additional rules and application forms for the implementation of the installment payment program; and
(e) The applicant will pay all costs and expenses incurred by city to prepare and execute the SDC installment payment agreement, including, without limitation, all attorney fees and recording fees.
(5) In addition to any other exemption provided under this chapter, commercial development and/or industrial development are eligible for a two percent exemption of applicable SDC amounts if all applicable SDCs are paid in full prior to issuance of a permit triggering payment under subsection (1) of this section or as required at the time of approval for a change in use. For purposes of this section, “paid in full” means that city received, either through a bank letter of credit or cash, full cash payment of the SDCs.
(6) ORS 223.304(8)(b) allows periodic adjustments to SDCs to reflect cost increases, which is allowed and not considered a change in SDC methodology. Therefore, the council finds that all SDC levied by city will be automatically adjusted effective July 1st of each year, commencing July 1, 2025, for:
(a) Changes in the cost of materials, labor, and/or real property applied to projects or project capacity as set forth on capital improvement plan(s) or public facility plan(s) adopted by council resolution; or
(b) The application of one or more specific cost indexes or other periodic data sources. A specific cost index or periodic data source must be (i) a relevant measurement of the average change in prices or costs over an identified time period for materials, labor, real property, and/or combination of the three, (ii) published by a recognized organization or agency that produces the index or data source for reasons that are independent of the SDC methodology, and (iii) adopted, from time to time, by council resolution. [Ord. 24-899 § 13, 2024]
13.45.140 Segregation and use of revenue.
(1) All funds derived from a particular type of SDC will be segregated by accounting practices from all other funds of city. SDC proceeds will be used only for capital improvements of the type for which they were collected and other expenses authorized under this chapter or ORS Chapter 223.
(2) The appropriate city official will provide the council with an annual accounting, based on city’s fiscal year, for SDCs showing the total amount of SDC revenues collected for each type of facility and the projects funded from each account. [Ord. 24-899 § 14, 2024]
13.45.150 Notice.
(1) City will maintain a list of persons who have made a written request for notification prior to adoption or amendment of a methodology for any SDC. Written notice will be mailed to persons on the list at least 90 days prior to the first hearing to adopt or amend an SDC. The methodology supporting the adoption or amendment will be available at least 60 days prior to the first hearing to adopt or amend an SDC. The failure of a person on the list to receive a notice that was mailed will not invalidate the action of city.
(2) City may periodically delete names from the list, but at least 30 days prior to removing a name from the list, city must notify the person whose name is to be deleted that a new written request for notification is required if the person wishes to remain on the notification list. [Ord. 24-899 § 15, 2024]
13.45.160 Appeals.
(1) Appeals of Expenditures.
(a) A person challenging the propriety of an expenditure of SDC revenues may appeal the decision of the expenditure to the council by filing a written request with the city manager describing with reasonable particularity the decision and the expenditure from which the person appeals. An appeal of the expenditure must be filed within two years of the date of the alleged improper expenditure.
(b) After providing notice to the appellant, the council will determine whether the city manager’s decision or expenditure is in accordance with this chapter and state law. The council may affirm, modify, or overrule the decision. If the council determines that there has been an improper expenditure of SDC revenues, the council will direct that a sum equal to the misspent amount be deposited within one year to the credit of the account or fund from which it was spent. The decision of the council will be reviewed only through writ of review.
(c) A legal action challenging the methodology adopted by the council will not be filed later than 60 days after adoption and will use the writ of review process.
(2) Appeal of Amount Charged.
(a) A person responsible for paying SDCs (the “payor”) may request review of the amount of SDCs or SDC credits calculated by city staff by submitting a written request for review to the city manager prior to paying the SDCs, at the same time as the SDCs are paid or, if appealing the credit calculation, within 10 days after being notified of the amount of SDC credits. The request for review must state the amount in dispute and must provide reasons why the amount charged is incorrect. The city manager will respond to the request for review within 20 days unless a meeting between the payor and city manager is requested. If a meeting is requested, the city manager will meet with the payor and issue the response no later than 10 days after the meeting. The city manager’s response may be to affirm the original amount, reduce the original amount, and/or require a traffic report prepared by a licensed traffic engineer. A decision requiring a traffic report is not a final decision. If a traffic report is requested and provided pursuant to parameters established by city, the city manager will provide a final decision within 20 days after receiving the report.
(b) The payor may appeal the final decision of the city manager to a panel comprised of the city manager, public works director, and city recorder by submitting a written appeal to the city manager stating the amount in dispute and specifying why the amount charged is incorrect. The appeal must be filed with city within 10 days after delivery to payor of the city manager’s decision under subsection (2)(a) of this section. A mailed decision will be deemed to be delivered three days after mailing. If the SDCs have not been paid in full at the time of the appeal, the payor will pay an appeal fee in an amount set by council resolution. The permittee may provide additional written argument or evidence regarding the amount within 10 days after filing the appeal. City will provide a final written decision on appeal within 30 days of the filing of the appeal. The appeal panel will meet with the payor if requested in the appeal document.
(c) A payor challenging the amount of SDCs may pay the SDCs in full any time after the request for review is filed. The payor may also pay the uncontested portion of the SDCs any time after the request for review is filed provided the uncontested amount is reasonable as determined by the city manager. No building permit will be issued until the uncontested amount of the SDCs is paid unless deferral of payment is allowed under some other provision of law. If the uncontested amount of SDCs is paid and a building permit issued, the payor will pay any additional amounts determined to be payable within 30 days after city’s final decision on review or appeal. Failure to pay the additional amounts within 30 days will result in interest of 12 percent charged on the additional amounts from the date of the building permit. No certificate of occupancy will be issued or final inspection approved until SDCs are paid in full. If the amount originally charged by city is paid in full and the final city decision reduces the amount payable, city will refund the difference. If the payor has paid the applicable appeal fee and city reduces the amount payable on appeal, the appeal fee will be refunded. No interest will accrue on the amounts to be refunded to the payor. [Ord. 24-899 § 16, 2024]
13.45.170 Penalties.
Violation of a provision of this chapter is punishable by a fine not to exceed $300.00 per violation (which fine amount may be modified from time to time through council resolution). Each violation constitutes a separate offense; provided, however, continuing violations of the same offense will not constitute a separate offense for each day the violation occurs. Notwithstanding anything contained in this chapter to the contrary, city may pursue any other remedy available at law, including seeking a court injunction, and such remedies will be cumulative. In addition to any other rights or remedies provided under this chapter, (1) city may file a civil action to recover unpaid fees, fines, and costs, including, without limitation, city’s attorney fees and other fees, costs, and expenses incurred by city to enforce this chapter, and/or (2) city may terminate water or sewer service to any property for nonpayment of applicable SDCs. Notwithstanding anything contained in this chapter to the contrary, city may impose such additional penalties, sanctions, and/or remedies in an SDC deferred payment agreement and/or SDC installment payment agreement as city deems necessary and/or appropriate. [Ord. 24-899 § 17, 2024]
13.45.180 Interpretation – Severability – Errors.
All pronouns contained in this chapter and any variations thereof will be deemed to refer to the masculine, feminine, or neutral, singular or plural, as the identity of the parties may require. The singular includes the plural and the plural includes the singular. The word “or” is not exclusive. The words “include,” “includes,” and “including” are not limiting. Any reference to a particular law, rule, regulation, code, or ordinance includes the law, rule, regulation, code, or ordinance as now in force and which may hereafter be amended. If the date for performance of an obligation or delivery of any notice hereunder falls on a day other than a business day, the date for such performance or delivery of such notice will be postponed until the next ensuing business day. For purposes of this chapter, a “business day” means a normal working day (i.e., Monday through Friday of each calendar week, exclusive of federal and state holidays and one day following each of Thanksgiving, Christmas, and New Year’s). The provisions of this chapter are hereby declared severable. If any section, subsection, sentence, clause, and/or portion of this chapter is for any reason held invalid, unenforceable, and/or unconstitutional, such invalid, unenforceable, and/or unconstitutional section, subsection, sentence, clause, and/or portion will (1) yield to a construction permitting enforcement to the maximum extent permitted by applicable law, and (2) not affect the validity, enforceability, and/or constitutionality of the remaining portion of this chapter. This chapter may be corrected by order of the council to cure editorial and/or clerical errors. [Ord. 24-899 § 18, 2024]