The following words and phrases, as used within this chapter, have the following definitions and meanings:
"Developed property"
means a parcel or portion of real property on which an improvement exists. Improvement on developed property includes, but is not limited to, buildings, parking lots, and outside storage.
"Gross square footage"
means the calculated area of all structures located on a site, measured along the exterior walls of such structures, including but not limited to enclosed courtyards, stairwells, and square footage on each level of multistory structures, but not including fences and parking areas which are not enclosed within a building.
"ITE manual"
means the Institute of Transportation Engineers Trip Generation Manual, Fifth Edition.
"Multifamily residential"
means residential property consisting of two or more dwelling units. For purposes of this chapter, condominiums and individual mobile home units are also classified as multifamily residences.
"Nonresidential"
means a use of property which is primarily not for personal, domestic accommodation.
"Single-family residential"
means a residential structure which is occupied by one or more persons of which there shall be only one dwelling unit per lot and which provides complete, independent living facilities for one or more persons including, but not limited to, permanent provisions for living, sleeping, eating, cooking and sanitation. For purposes of this chapter, manufactured homes are considered single-family residential.
"Street" or "road"
means a public road or right-of-way within the city which is under the jurisdiction or control of the city. For purposes of this chapter, county, state and federal roads are excluded.
"Truck"
means a motor vehicle having six or more tires in contact with the pavement surface.
(Ord. 721 § 1, 2003)
A. 
There is hereby created a road maintenance regulatory program for the purpose of maintaining a safe, functioning city street system.
B. 
Revenues collected pursuant to this chapter shall be collected in the street fund and used exclusively to fund a street maintenance/regulatory program to provide for a safe, functioning street system. In the event that road maintenance fees collected are insufficient to properly regulate the maintenance of city streets, additional funding may be allocated by the city council from other nondedicated city funds.
(Ord. 721 § 2, 2003)
A. 
The use of the city's streets and roads involves a complex mixture of interdependent uses between categories of residentially developed property and nonresidentially developed property. As a predominantly residential community with a limited commercial and industrial base, the city's street and roads system exists to support the transportation needs of its residents. It therefore follows that the most reasonable apportionment is approximately 75 percent use attributable to residential development and approximately 25 percent use to nonresidential development. In keeping with this division, approximately 75 percent of the total revenues needed to be generated by the road maintenance program fee on an annualized basis shall come from residential developments and approximately 25 percent shall come from nonresidential developments.
B. 
The city's public works director is authorized and directed to review the operation of this chapter and where appropriate recommend changes to the city council. Council action on such changes shall be by resolution. Such procedures if adopted by the council shall be given full force and effect and unless clearly inconsistent with this chapter shall apply uniformly throughout the city.
C. 
The initial road maintenance billing rates shall not be increased until after June 2005. During the second year of this program and every year thereafter, the public works committee shall annually review the road maintenance billing rates and advise the city council of changes, if any, that are deemed advisable.
D. 
The provisions of this chapter may be appealed by writ of review within 60 days of its effective date. The amount of a road maintenance billing rate may be appealed in accordance with the criteria and procedures specified in the resolution which implements this chapter.
(Ord. 721 § 3, 2003)
A. 
A road maintenance fee is hereby established and shall be assessed to street users as defined herein by development category and classification. Billing shall be as a line item on the city's utility bill.
B. 
Undeveloped properties shall not be charged a road maintenance fee.
C. 
Each residential developed property within the city limits will be assigned to one of two billing categories: single-family dwelling unit or multifamily dwelling unit. The road maintenance fee for a single-family dwelling unit shall be greater than the corresponding fee for a multifamily dwelling unit. This difference in fee levels shall be proportionate to trip generation rates as established in the ITE manual.
D. 
Each nonresidential developed property within the city limits shall be assigned to a road maintenance billing category based on the following three factors associated with road usage:
1. 
Intensity of vehicle trips generated per 1,000 (gross) square feet of developed area, or equivalent. Statistical data from the ITE manual is to be used to establish levels of intensity.
2. 
Magnitude of development as measured by gross square feet of developed area, or equivalent.
3. 
Trucks per day serving the development.
E. 
The methodology for classification of the categories of residential and nonresidential developed property, the fair apportionment to each classification, and the amount of the road maintenance fee shall be initially established by city council resolution. Changes shall also be adopted by resolution.
(Ord. 721 § 4, 2003)
A. 
In addition to other lawful enforcement procedures, the city may enforce the collection of charges required by this chapter by withholding delivery of water to any premises where road maintenance fees are delinquent or unpaid.
B. 
Notwithstanding any provision herein to the contrary, the city may institute any necessary legal proceedings to enforce the provisions of this chapter including, but not limited to, injunctive relief and collection of charges owing. The city's enforcement rights shall be cumulative.
(Ord. 721 § 5, 2003)
A. 
In the event any section, subsection, paragraph, sentence or phrase of this chapter or resolution adopted herein is determined by a court of competent jurisdiction to be invalid or unenforceable, the validity of the remainder of this chapter shall continue to be effective.
B. 
Nothing contained herein shall be construed as limiting the city's authority to levy special assessments in connection with public improvements pursuant to applicable law.
C. 
The fees and charges herein are not intended to be taxes, nor are they subject to the property tax limitations of Article XI, Section 11b, of the Oregon Constitution.
D. 
The city council has adopted Chapter 14.15 PMC requiring new development to pay system development charges. PMC § 14.15.050(C) requires adoption of an SDC methodology by ordinance.
E. 
It has been determined that the existing street capital improvement plan and methodology for street systems development charges needs to be updated to reflect current and future needs of the city street system. The Philomath city council therefore adopts the Transportation System Development Charge (SDC) and Capital Improvement Plan dated February 2021.
(Ord. 721 § 6, 2003; Ord. 722 §§ 1, 2, 2004; Ord. 854 § 3, 2021)