If facility improvements are required, the City will require
construction of the improvements at the time of development. However,
the applicant may request to pay a fee in lieu of constructing the
required facility improvements determined to be proportional. The
fee in lieu of construction (FILOC) program ensures that opportunities
to improve public facilities are maximized and that the goals and
requirements of the City of Milwaukie are met. This section provides
criteria for making FILOC determinations and administering the FILOC
program.
(Ord. 2122 § 1, 2016)
The City may accept a fee in lieu of construction of required
facility improvements if one or more of the following conditions exist:
A. Required
improvements are not feasible due to the inability to achieve proper
design standards.
B. Required
improvements would create a safety hazard.
C. Required
improvements are part of a larger approved capital improvement project
that is listed as a funded project in the City's Capital Improvement
Program (CIP).
D. Required
improvements would create a situation that would not comply with City
standards without extensive additional offsite improvements.
E. Required
improvements are less than needed to meet City standards due to the
City's inability to require full improvements based on proportionality
requirements on the development.
(Ord. 2122 § 1, 2016)
If the Engineering Director determines that a fee in lieu of construction satisfies one of the criteria in Section
13.32.020, the City may accept a fee in lieu of construction upon the Engineering Director finding that deferring construction of facility improvements will not result in any safety hazards and is not necessary for the development. If the Engineering Director cannot make such a finding, then the City will not accept a fee and shall require construction of the improvements. The Engineering Director has sole discretion as to what improvements constitute a safety hazard or are necessary for the development.
(Ord. 2122 § 1, 2016)
If determined by the Engineering Director that required facility
improvements are eligible for FILOC, the applicant shall pay to the
City an amount equal to the estimated cost to construct the required
improvements. The amount of the fee shall be determined by resolution
of the City Council. All fees shall be paid to the City prior to the
issuance of any development or building permits.
A. If
previous development(s) on the subject property have resulted in the
full construction of facility improvements or payment of FILOC fees
and the proposed development has additional impacts, the City may
only assess additional FILOC fees when there has been a change to
the City's design standards.
B. If
previous development(s) on the subject property have resulted in the
partial construction of facility improvements or payment of FILOC
fees and the proposed development has additional impacts, the City
may assess additional FILOC fees for the balance of the improvements
to bring the facilities into compliance with the City's current design
standards.
(Ord. 2122 § 1, 2016)
Fees collected by the City may be used to construct public facility
improvements or to leverage additional grant money for larger facility
improvement projects. An accounting of fees collected and expended
will be made available by the City to the public on an annual basis
at the end of the fiscal year. Expenditure of fees is subject to the
following:
A. Fees
shall be used for construction of public facility improvement projects
that benefit the development site, are within the same Neighborhood
District Association (NDA) boundary, or are within 1,000 feet of the
development site, with the following two exceptions:
1. For
development within a downtown zone, fees shall be used for construction
of facility improvements that benefit the development site, are within
one or more of the downtown zones, or are within 1,000 feet of the
development.
2. For
development within the Historic Milwaukie NDA and not within a downtown
zone, fees shall be used for construction of facility improvements
that benefit the development site, are within the Historic Milwaukie
NDA and not within a downtown zone, or are within 1,000 feet of the
development. Fees collected in the Historic Milwaukie NDA may be spent
in one or more of the downtown zones with the approval of the Historic
Milwaukie NDA.
B. Staff shall identify the facility improvement projects that meet the requirement of benefiting the development site as defined in subsection
A of this section. Staff shall coordinate with the neighborhood district associations to prioritize the project lists for each neighborhood.
C. Fees
will be kept separately between facility types (water, sewer, storm,
streets, parks, etc.) and utilized on like facility improvements for
which they were received.
(Ord. 2122 § 1, 2016)
Fees collected by the City may be paid or refunded to the original
payee or a third party upon written request to the Engineering Director,
provided that FILOC funds are available. Fees refunded in this manner
may only be used for the construction of the specified improvements
for which they were received, including, but not limited to, surveying,
engineering, design, and construction. In no event shall the refund
exceed the original amount paid. Requests for FILOC refunds shall
be approved by the Engineering Director and will be issued in accordance
with an "Improvement Agreement" approved by the City of Milwaukie
and executed by the original FILOC payee or third party requesting
the refund.
(Ord. 2122 § 1, 2016)