[Ord. No. 2030, 7-1-1991]
The purpose of the system development charge is to impose a portion of the cost of capital improvements for water, wastewater, drainage, streets, flood control, and parks and recreation upon those developments that create the need for or increase the demands on capital improvements.
[Ord. No. 2030, 7-1-1991]
The system development charge imposed by this ordinance is separate from and in addition to any applicable tax, assessment, charge, or fee otherwise provided by law or imposed as a condition of development.
[Ord. No. 1706, 9-5-1978; Ord. No. 1839, 8-17-1982; Repealed by Ord. No. 2030, 7-1-1991]
[Ord. No. 2030, 7-1-1991; Ord. No. 2048, 2-18-1992; Ord. No. 2547, Amended, 3-4-2010]
For purposes of this ordinance, the following mean:
CAPITAL IMPROVEMENTS
Means facilities or assets used for:
a. 
Water supply, treatment and distribution;
b. 
Waste water collection, transmission, treatment and disposal;
c. 
Drainage and flood control;
d. 
Transportation; or
e. 
Parks and recreation.
DEVELOPMENT
Means a building or mining operation, making a physical change in the use or appearance of a structure or land, dividing land into two or more parcels (including partitions and subdivisions), and creating or termination a right of access.
IMPROVEMENT FEE
Means a fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to this chapter.
LAND AREA
Means the area of a parcel of land as measured by projection of the parcel boundaries upon a horizontal plane with the exception of a portion of the parcel within a recorded right-of-way or easement subject to a servitude for a public street or scenic or preservation purpose.
OWNER
Means the owner or owners of record title or the purchaser or purchasers under a recorded sales agreement, and other persons having an interest of record in the described real property.
PARCEL OF LAND
Means a lot, parcel, block, or other tract of land that is occupied or may be occupied by a structure or structures or other use, and that includes the yards and other open spaces required under the zoning, subdivision, or other development ordinances.
QUALIFIED PUBLIC IMPROVEMENT
Means a capital improvement that is:
a. 
Required as a condition of development approval; and
b. 
Identified in the Capital Improvement Plan adopted pursuant to LOC § 39.04.071; and is either:
i. 
Not located on or contiguous to property that is the subject of development approval; or
ii. 
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.
REIMBURSEMENT FEE
Means a fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to LOC § 39.02.031 of this ordinance.
SYSTEM DEVELOPMENT CHARGE
Means a reimbursement fee, an improvement fee or a 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" includes that portion of a sewer or water system connection charge that is greater than the amount necessary to reimburse the city for its average cost of inspecting and installing connections with water and sewer facilities. "System development charge" does not include fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed by a land use decision.
[Ord. No. 1706, 9-5-1978; Ord. No. 1839, 8-17-1982; Repealed by Ord. No. 2030, 7-1-1991]
[Ord. No. 2030, 7-1-1991; Ord. No. 2095, Amended, 5-17-1994]
1. 
System development charges shall be established and may be revised by resolution of the council.
2. 
Unless otherwise exempted by the provisions of this ordinance or other local or state law, a system development charge is hereby imposed upon all persons who develop parcels of land that connect to or which will otherwise use or create a need for the sewer facilities, storm sewers, water facilities, streets or parks and open space of the city.
3. 
"Sewer facilities, storm sewers, water facilities, streets or parks and open space of the city" as described in subsection 2 of this section includes facilities located within the city limits of the City of Lake Oswego owned, operated or maintained by a local government or legal entity other than the city pursuant to an agreement with the City. Pursuant to such agreement, the City may collect, impose or pass through connection charges, systems development charges or other fees established or required by the other entity for connection to or use of its facilities in lieu of the City fee or charge that would otherwise be imposed if such facility were owned, operated or maintained by the City.