[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 No. 1839, 8-17-1982; Repealed by Ord.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;
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.