Chapter 15.12
STREET DEVELOPMENT CHARGES
Sections:
15.12.030 Street development charge imposed.
15.12.010 Purpose.
After review of various engineering, fiscal and staff analysis, and after hearing comments from the general public, the common council of the city of St. Helens does hereby determine that it is reasonable and necessary to enact a street development charge as a tax upon new development within the city. The object of the charge is to recover a fair share of the cost of additional capacity facilities for streets. This charge shall be imposed upon properties, which create additional needs for such facilities in order to protect the public health, peace, safety, and general welfare. (Ord. 2342 § 1, 1980)
15.12.020 Definitions.
(1) "Commerce" means activities that Ordinance 2875 allows to occur in the C-1, C-2, C-3, C-4, and C-5 zones and which are not allowed to occur as an outright use in any of the residential zones.
(2) "Dwelling unit" means a structure having one or more rooms designed for occupancy by one family for living purposes and having only one cooking facility.
(3) "Industry" means activities that Ordinance 2875 allows to occur in the LI and HI zones and which are not allowed to occur as an outright use in any of the residential or commercial zones.
(4) "Institution" means an establishment organized for an educational, medical, religious, or charitable purpose.
(5) "Residence" means a structure designed for human occupancy for living purposes.
(6) "Street development charge" means a system development charge calculated according to the methodology as set out in Chapter 13.24 SHMC. (Ord. 2624, 1991; Ord. 2502, 1986; Ord. 2342 § 2, 1980)
15.12.030 Street development charge imposed.
Unless otherwise exempted by the provisions of this chapter, a system development charge may be imposed on all parcels of land within the city, and upon all lands outside the boundary of the city that connect to or otherwise use the sewer facilities, storm sewers, or water facilities of the city. Parcels include marina properties and multiple unit mobile home facilities. (Ord. 2624, 1991; Ord. 2502, 1986; Ord. 2342 § 3, 1980)
15.12.040 Exceptions.
(1) Any structure located on a parcel of land inside the city shall be exempt from paying the street development charge to the extent of the structure then existing on the land or covered by a building permit issued on or before the effective date of the ordinance codified in this chapter.
(2) No street development charge shall be imposed where there is a modification, alteration, remodeling, addition or change to a structure if, as a result thereof, the number of residential dwelling units, commercial or institutional parking spaces, or industrial employees, are not increased. However, should an increase occur, the street development charge shall be imposed only on the value of the addition or alteration. (Ord. 2342 § 4, 1980)
15.12.050 Collection.
(1) The street development charge is due and payable upon issuance of a building permit for the alteration, repair, addition, remodeling, modification, change, or construction of an improvement or structure inside the city limits, with the exception that the person responsible for paying the charge and the city may postpone, by written agreement, the payment until such time as the structure is occupied or sale is closed, whichever shall come first. In such cases, the city building inspector shall not grant an occupancy permit until such fees are paid.
(2) As an alternative method of paying the street development charge exceeding $1,000, the developer and owner may agree with the city to pay the charge in equal, semiannual installments of at least $100.00, which includes interest on the unpaid balance at the rate of 10 percent per annum. In such event, the owner of the property shall consent to the voluntary imposition of a lien upon the premises for the full amount of the street development charge. In the application, the owner and developer shall expressly waive any claim concerning the validity of the street development charge, its correctness or any defect, jurisdictional or otherwise, in the proceeding for the imposition of the lien. Upon receipt of such application, the amount of the charge, together with the interest due thereon, shall be docketed in the city lien docket and from that time forward, the city shall have a lien upon that described land for the amount of the charge and interest upon that charge. The lien shall be enforced in the manner provided in ORS Chapter 223. The minimum semiannual payment will be either $100.00, or will be amortized for a period of 10 years together with interest thereon as herein provided, whichever is greater. Interest shall accrue from the date of the issuance of the building permit and payments shall be made upon the date agreed upon.
(3) The street development charge herein imposed shall attach to the land being developed, and it shall be paid by the developer or owner of such land.
(4) The street development charge may be collected by legal action in the name of the city in any court of competent jurisdiction or by enforcement of the lien created hereinabove. (Ord. 2342 § 5, 1980)
15.12.060 Use of proceeds.
Proceeds from the street development charges levied under this chapter shall be identified in separate accounts of the city. Proceeds from the street development charge shall be expended solely for new improvements to the city street system. (Ord. 2342 § 6, 1980)
15.12.070 Appeal.
Any person who is aggrieved by any decision made by administrative officers of the city may appeal that decision to the common council by filing a written request to the city administrator within 10 days after said decision, describing therein the grounds for appeal. The common council shall consider the appeal and may affirm, modify or overrule the decision of the administration. (Ord. 2342 § 7, 1980)
15.12.080 Scope.
The street development charge provided in this chapter is separate from and in addition to any applicable tax, assessment, charge, or fee otherwise provided by law or ordinance. (Ord. 2342 § 8, 1980)
15.12.090 Penalty.
No property or structure for which a street development charge is imposed, nor any part thereof, shall be erected, moved, altered, used or occupied until payment or agreement to pay is made. In addition to being subject to civil enforcement of this chapter, the developer of land, building, or premises where anything in violation of this chapter shall be placed, or shall exist, or be maintained or permitted, or who shall fail to comply with the provisions of this chapter, shall be subject to a fine of not more than $500.00 for each violation for noncompliance upon having been deemed guilty, and/or revocation of their business license to do business within the city of St. Helens. (Ord. 2502, 1986; Ord. 2342 § 9, 1980)